LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

Gl  FT    OF 


Class 


. 


•***«  *" 


PUBLIC  SCHOOL  LAW 


OF 


NORTH    CAROLINA. 


CHAPTER  15  OF  THE  CODE,  AS  AMENDED  BY  LAWS   OF 

1885,  1889,  1891,  1893,  1895,  AND  OTHER  STATUTES. 


ISSUED  IN  PURSUANCE   OP  LAW 
BY  THE 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


WINSTON : 

M.  I.  &  J.  C.  STEWART,  PUBLIC  PRINTERS. 
1895. 


M  81 

'isi  r 


PREFACE. 


Chapter  15  of  The  Code  contained  the  public  school  law 
in  full.  Since  its  enactment  the  changes  are  those  made  by 
the  Assemblies  of  1885,  1889,  1891,  1893,  and  1895.  So 
far  as  these  changes  are  amendments  to  the  Sections  of  The 
Code,  they  are  embodied  in  Sections  of  the  same  numbers 
in  this  edition  of  the  school  law.  Other  changes  will  be 
found  in  this  pamphlet  under  the  appropriate  headings. 

Attention  is  called  to  the  list  of  books  adopted  by  the 
State  Board  of  Education.  <  This  list  of  books  will  remain 
in  use  in  the  public  schools  till  the  first  Monday  in  June, 
1896.  On  that  day  the  County  Commissioners  of  the 
respective  counties,  acting  as  a  County  Board  of  Education, 
will  adopt  a  series  of  text  books  to  be  used  by  all  the  public 
schools  of  their  respective  counties,  under  the  law  as 
amended  by  the  General  Assembly  of  1895.  See  Section 
2539  of  the  law  as  published  in  this  pamphlet.  That  sec- 
tion contaiDS  the  enactment  of  1895  in  reference  to  the 
adoption  of  text  books  for  all  the  public  schools  in  the 
respective  counties.  Text  books  on  Alcoholics  and  Narcotics 
are  included.  For  convenience  of  reference,  the  explana- 
tions and  instructions  of  the  State  Superintendent  of  Public 
Instruction  are  placed  in  the  form  of  foot  notes  on  the  same 
pages  containing  the  corresponding  sections  of  the  law. 
Copies  of  this  pamphlet  will  be  furnished  to  all  the  school 
officers.  On  going  out  of  office,  they  will  deliver  them  and 
all  books  and  blanks  to  their  successors. 

JOHN  C.  SCARBOROUGH, 
Superintendent  of  Public  Instruction. 

RALEIGH,  ]ST.  C.,  August  1st,  1895. 


PUBLIC  SCHOOL  LAW 


OF 


NORTH    CAROLINA 


FROM  THE  CODE,  AS  AMENDED  BY  LAWS  OF  1885,  1889,  1891, 

1893,  AND  1895,  WITH  NOTES  AND  INSTRUCTIONS 

BY  THE  SUPERINTENDENT  OF  PUBLIC 

INSTRUCTION. 


Sec.  2585.    Apportionment  of  school  fund. 

The  state  board  of  education  shall,  on  the  first  Monday 
in  August  of  each  and  every  year,  apportion  among  the 
several  counties  of  the  State  all  the  school  funds  which  may 
be  then  in  the  treasury  of  the  said  board,  and  order  a  war- 
rant for  the  full  apportionment  to  each  county,  which  said 
apportionment  shall  be  made  on  the  basis  of  the  school 
population. 

Sec.  2536.    Auditor  to  keep  separate  account  of  public  school 
fund. 

The  state  auditor  shall  keep  a  separate  and  distinct 
account  of  the  public  school  funds,  and  of  the  interest  and 
income  thereof,  and  also  of  such  moneys  as  may  be  raised  by 
state,  county  and  capitation  tax,  or  otherwise,  for  school 
purposes. 

Sec.  2537.    When  and  how  warrant  issued  for  school  fund  due 
any  county. 

Upon  the  receipt  of  the  requisition  of  the  treasurer  of 
any  county,  duly  approved  by  the  chairman  and  secretary 
of  the  county  board  of  education,  for  the' school  fund  which 
may  have  been  apportioned  to  said  county,  the  state  board 


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of  education  shall  issue  its  warrant  on  the  state  auditor  for 
the  sum  due  said  county ;  whereupon  the  said  auditor  shall 
draw  his  warrant  on  the  treasurer  of  the  state  board  of 
education  in  favor  of  such  county  treasurer  for  the  amount 
set  forth  in  the  warrant  of  the  said  state  board. 

Sec.  2538.  State  treasurer  to  hold   school  funds  as  a   special 
deposit;  when  and  how  paid  out. 

The  state  treasurer  shall  receive  and  hold  as  a  special 
deposit  all  school  funds  paid  into  the  treasury,  and  pay 
them  out  only  on  the  warrant  of  the  state  auditor,  issued 
on  the  order  of  the  state  board  of  education  in  favor  of  a 
county  treasurer,  duly  endorsed  by  the  county  treasurer  in 
whose  favor  it  is  drawn,  and  it  shall  be  the  only  valid 
voucher  in  the  hands  of  the  state  treasurer  for  the  disburse- 
ment of  school  funds. 

Sec.  2539.  (Repealed  by  Act  of  1895.     The  following  enacted 
instead.)  County  boards  of  education  to  adopt  text  books. 

That  the  county  boards  of  education  in  the  several  coun- 
ties of  the  State  shall  adopt  a  series  of  text  books  which 
shall  be  used  in  the  public  schools  of  their  respective  coun- 
ties, for  a  term  of  three  years ;  the  said  adoption  herein 
provided  for,  shall  occur  at  the  meeting  of  said  boards  of 
education,  on  the  first  Monday  in  June,  one  thousand  eight 
hundred  and  ninety-six  (1896)  and  every  three  years  there- 
after and  at  no  other  time.  Provided,  that  no  sectarian  or 
political  book  shall  be  used  in  the  public  schools.  Pro- 
vided further ',  that  the  prices  of  public  school  books  adopted 
be  fixed  by  the  said  county  boards  of  education,  for  the 
whole  term  for  which  they  shall  be  used,  and  that  the  list 
of  the  books  so  adopted  and  the  prices  of  the  same,  shall 
be  recorded  upon  the  minutes  of  the  said  county  boards 
of  education  for  the  inspection  of  the  public. 
Sec.  2540.  Duties  of  superintendent  of  public  instruction. 

The  superintendent  of  public  instruction  shall  have  the 
school  laws  published  in  pamphlet  form  and  distributed  on 


or  before  the  first  day  of  April  of  each  year ;  shall  have 
printed  all  the  forms  necessary  and  proper  for  the  purposes 
of  this  chapter,  and  shall  look  after  the  school  interest  of 
the  state,  and  report  biennially  to  the  governor,  at  least  five 
days  previous  to  each  regular  session  of  the  general  assem- 
bly, which  report  shall  give  information  and  statistics  of 
the  public  schools,  and  recommend  such  improvement  in  the 
school  law  as  may  occur  to  him.  He  shall  keep  his  office 
at  the  seat  of  government,  and  shall  sign  all  requisitions  on 
the  auditor  for  the  payment  of  money  out  of  the  state 
treasury  for  school  purposes.  Copies  of  his  acts  and  decis- 
ions, and  of  all  papers  kept  in  his  office  and  authenticated 
by  his  signature  and  official  seal,  shall  be  of  the  same  force 
and  validity  as  the  original.  He  shall  be  furnished  with 
such  room,  fuel  and  stationery  as  shall  be  necessary  for  the 
efficient  discharge  of  the  duties  of  his  office. 

Sec.  2541.  Duty  of  superintendent  to  direct  operations  of  system 
of  public  schools,  etc. 

The  superintendent  of  public  instruction  shall  direct  the 
operations  of  the  system  of  public  schools  and  enforce  the 
laws  and  regulations  in  relation  thereto.  It  shall  be  his 
duty  to  correspond  with  leading  educators  in  other  states, 
and  to  investigate  the  systems  of  public  schools  established 
in  other  states,  and,  as  far  as  practicable,  render  the  results 
of  educational  efforts  and  experiences  available  for  the  infor- 
mation and  aid  of  the  legislature  and  state  board  of  educa- 
tion. 

Sec.  2542.  (As  amended  by  the  Laws  of  1885  and  1889.)  DutyX 
superintendent  to  learn  and  supply  educational  wants,  etc,; 
expenses  allowed. 

It  shall  be  the  duty  of  the  superintendent  of  public 
instruction  to  acquaint  himself  with  the  peculiar  educa- 
tional wants  of  the  several  sections  of  the  state,  and  he  shall 
take  all  proper  means  to  supply  said  wants,  by  counciling 
with  county  boards  of  education  and  county  superinten- 


dents,  by  lectures  before  teachers'  institutes,  and  by  addresses 
to  public  assemblies  on  subjects  relating  to  public  schools 
and  public  school  work,  and  he  shall  be  allowed  for  travel- 
ing expenses  and  for  additional  clerical  assistance  five  hun- 
dred dollars  per  annum. 

Sec.  2543.  Funds  appropriated  for  establishing  and  maintaining 
system  of  free  schools  to  be  paid  into  state  treasury. 

The  proceeds  of  all  lands  that  have  been  or  may  hereafter 
be  granted  by  the  United  States  to  this  state,  and  not  other- 
wise appropriated  by  this  state  or  the  United  States,  also 
all  moneys,  stocks,  bonds  and  any  other  property  now 
belonging  to  any  state  fund,  for  the  purposes  of  education, 
also  the  net  proceeds  of  sales  of  swamp  lands  belonging  to 
the. state,  and  all  other  grants,  gifts  or  devises  that  have 
been  made  or  hereafter  may  be  made  to  this  state,  and  not 
otherwise  appropriated  by  this  state  or  by  the  terms  of  the 
grant,  gift  or  devise,  shall  be  paid  into  the  state  treasury, 
and,  together  with  so  much  of  the  ordinary  revenue  of  the 
state  as  may  be  set  apart  for  that  purpose,  shall  be  faith- 
fully appropriated  for  establishing  and  maintaining  a  sys- 
tem of  free  public  schools,  as  established  in  pursuance  of 
the  constitution. 

Sec.  2544.  (As  amended  by  chapter  199,  Laws  of  1889.)    Funds  so 
appropriated  to  be  paid  into  county  school  fund. 

All  moneys,  stocks,  bonds  and  other  property  belonging 
to  a  county  school  fund,  also  the  net  proceeds  from  sales  of 
estrays,  also  the  clear  proceeds  of  all  penalties  and  forfeit- 
ures, and  of  all  fines  collected  in  the  several  counties  for 
any  breach  of  the  penal  or  military  laws  of  the  State ;  and 
all  moneys  which  shall  be  paid  by  persons  as  equivalent  for 
exemption  from  military  duties ;  also  the  net  proceeds  of 
any  tax  imposed  on  licenses  to  retailers  of  wines,  cordials 
or  spirituous  liquors  and  to  auctioneers,  shall  belong  to  and 
remain  in  the  several  counties  and  shall  be  faithfully 
appropriated  for  establishing  and  maintaining  free  public 


9 

schools  in  the  several  counties  as  established  in  pursuance 
of  the  constitution  :  Provided,  the  amount  collected  in 
each  county  shall  be  reported  annually  to  the  State  Super- 
intendant  of  Public  Instruction.  The  solicitors  of  the  sev- 
eral judicial  districts,  criminal  and  inferior  courts,  shall 
prosecute  all  penalties  and  forfeited  recognizances  entered 
in  their  courts  respectively,  and  as  compensation  for  their 
services,  shall  receive  a  sum  to  be  fixed  by  the  court,  not 
less  than  five  per  centum  of  the  amount  collected  upon  such 
penalty  or  forfeited  recognizance  for  the  collection  of  which 
execution  was  found  to  be  necessary. 

NOTE.— Special  attention  is  called  to  sections  724,  725,  726,  727, 
728,  764,  906  and  3678  of  The  Code.  Treasurers  and  county  com- 
missioners will  use  all  proper  means  to  see  that  the  fall  amount  of 
fines,  forfeitures  and  penalties  and  the  liquor  tax  due  shall  go  to 
the  school  fund.  Their  attention  is  also  directed  to  the  constitu- 
tion; article  9,  section  5,  and  to  Revenue  Act  of  1895,  sections  44  and 
45,  as  follows  : 

"SECTION  44.  Whenever  any  officer,  including  justices  of  the 
peace,  receives  or  collects  a  fine,  penalty  or  forfeiture  in  behalf  of 
the  state,  or  any  tax  imposed  on  licenses  to  retailers  of  wines, 
cordials,  malt  or  spirituous  liquors,  and  auctioneers,  he  shall,  within 
thirty  days  after  such  reception  or  collection,  pay  over  and  account 
for  the  same  to  the  treasurer  of  the  county  board  of  education  for 
the  benefit  of  the  fund  for  common  schools  in  such  county. 

"SECTION  45.  Any  officer,  including  justices  of  the  peace,  con- 
victed of  violating  the  preceding  section,  or  of  appropriating  to 
his  own  use  the  state,  county,  school,  city  or  town  taxes,  shall 
be  guilty  of  embezzlement,  and  may  be  punished  not  exceeding 
five  years  in  the  state  prison,  at  the  discretion  of  the  court.1' 

A  large  amount  of  school  money  is  derived  from  fines,  forfeitures 
and  penalties;  and  from  taxes  on  licenses  for  the  sale  of  liquors. 
I  am  satisfied  that  a  still  larger  amount  may  be  obtained  from  these 
sources  by  a  strict  enforcement  of  the  law.  See  section  33,  Revenue 
Act  of  1895. 

All  forfeited  recognizances  belong  to  the  shool  fund,  and  school 
officers  should  see  that  they  are  collected. 

Section  1225  of  The  Code  makes  it  the  duty  of  the  solicitor,  under 
the  direction  of  the  court,  to  prosecute  to  collection  any  forfeited 
recognizance  under  a  peace  warrant.  The  last  part  of  section  2544 
is  an  amendment  by  Acts  of  1889,  and  provides  specially  for  the 
prosecution  of  forfeitures. 


10 

Sec.  2545.    (Repealed  by  Laws  of  1895.)    The  following  substi- 
tuted therefor. 

That  the  office  of  county  board  of  education  is  hereby 
abolished,  to  take  eifect  the  first  Monday  in  June,  A.  D. 
1895. 

All  the  powers  and  duties  of  said  county  board  of  educa- 
tion shall  devolve  upon  and  be  discharged  by  the  board  of 
county  commissioners  of  the  several  counties  of  the  State ; 
and  for  the  purpose  of  attending  especially  to  school  mat- 
ters, the  said  board  of  county  commissioners  shall  be  required 
to  meet  on  the  first  Tuesday  after  the  fisrt  Monday  in  Jan- 
uary and  July  of  each  year,  said  meeting  not  to  continue 
longer  than  two  days  at  each  of  said  meetings.  Provided, 
they  may  attend  to  any  matter  pertaining  to  school  interest, 
at  any  of  the  regular  meetings  of  said  board  as  provided 
by  law,  but  the  expense  of  all  such  meetings  shall  be  paid 
out  of  the  general  county  fund  of  the  county. 

NOTE. — The  law  gives  County  Commissioners  a  large  discretion 
in  the  management  of  the  funds  and  school  matters  generally. 
The  policy  of  the  law  now  in  force,  contemplates  vesting  in  the 
respective  counties  large  authority  in  the  management  of  school 
affairs.  Counties  that  use  this  authority  wisely  will  rapidly 
advance  their  educational  interests. 

Sec.  2546.  (As  amended  by  the  Laws  of  1885  and  1889.)   Duties  of 
county  commissioners. 

The  county  commissioners  shall  be  charged  with  the 
general  management  of  the  public  schools  in  their  respect- 
ive counties,  shall  decide  all  controversies  and  questions 
relating  to  the  boundaries  of  school  districts  and  to  the 
location  of  school-houses,  or  which  may  arise  upon  the  con- 
struction of  the  school  law,  and  shall  see  that  the  school 
law  is  enforced ;  and  shall  have  power  and  authority  and  it 
shall  be  their  duty  to  institute  and  prosecute  any  and  all 
actions,  suits  of  proceedings  against  any  and  all  officers, 
persons  or  corporations,  and  their  sureties,  for  the  recovery, 
preservation,  and  application  of  all  meneys  or  property 


11 

which  may  be  due  to  or  should  be  applied  to  the  support 
and  maintenance  of  the  schools,  and  the  county  commis- 
sioners shall  obey  the  instructions  of  the  state  superintend- 
ent and  accept  his  construction  of  the  school  law. 

NOTE. — The  language  of  this  section  gives  to  county  commis- 
sioners a  wide  range  of  powers  and  duties.  It  is  earnestly  urged 
that  they  be  so  exercised  as  to  accomplish  the  greatest  good  to  the 
school  system  possible.  In  the  settlement  of  the  "questions  and 
controversies"  mentioned  in  this  section,  there  is  room  for  the 
exercise  of  the  highest  wisdom,  that  the  interest  of  the  public 
schools  may  not  suffer  by  reason  of  neighborhood  quarrels,  which 
always  result  in  harm  to  all  public  interests,  especially  to  those  of 
the  schools. 

Sec.  2547.  (As  amended  by  the  Laws  1895.)  Books  of  county 
treasurer  examined. 

At  each  regular  meetingt  it  shall  be  the  duty  of  the  board 
(county  commissioners)  to  examine  the  books  and  vouchers 
of  the  county  treasurer  and  to  audit  his  accounts. 

Sec.  2548.  (Repealed  by  act  of  1895.  The  following  takes 
its  place.)  Register  of  Deeds  Clerk  to  Board  of  Education. 
Clerk  of  Court  to  appoint  examiner. 

That  the  office  of  county  superintendent  of  public  instruc- 
tion is  hereby  abolished  to  take  effect  the  first  Monday  in 
June,  A.  D.  1895,  and  all  the  duties  provided  by  law  to  be 
performed  by  the  said  superintendent  as  secretary  of  the 
board  of  education  shall  be  performed  by  the  clerk  of  the 
board  of  county  commissioners. 

That  the  clerk  of  the  superior  court  of  the  several  counties 
in  the  State,  shall  on  the  first  Monday  in  June,  A.  D.  1895, 
and  annually  thereafter,  appoint  an  examiner  whose  duty 
it  shall  be  to  examine  all  persons  desiring  to  teach  in  the 
public  schools  of  the  said  county,  in  conformity  to  law. 
There  shall  be  a  public  examination  at  the  court  house,  to 
commence  on  the  first  Monday  in  July,  1895,  and  annually 
thereafter,  to  continue  from  day  to  day  until  all  the  appli- 
cants are  examined,  and  the  certificates  issued  shall  be  good 


12 

for  one  year  from  the  date  thereof.  All  such  applicants 
shall  pay  to  the  examiner,  in  advance,  a  fee  of  one  dollar 
for  such  examination.  Provided,  that  the  examiner  may 
examine  applicants  for  teachers'  certificates  at  any  other 
time  or  place,  but  when  so  examined  the  applicant  shall 
pay  to  the  examiner,  in  advance,  a  fee  of  one  dollar  and 
fifty  cents  for  such  examination. 

Sec.  2549.    School  districts. 

The  county  board  of  education  (Commissioners)  shall  lay 
off"  their  respective  counties  into  convenient  school  districts, 
consulting  as  far  as  practicable  the  convenience  of  the 
neighborhood.  They  shall  designate  the  districts  by  num- 
ber, as  school  district  number  one,  school  district  number 
two,  in  the  county  of. 

Sec.  2550.  Convenience  of  residents  to  be  consulted  in  formation 
of  districts ;  separate  schools  for  the  two  races. 

The  county  board  of  education  (Commissioners)  shall  con- 
sult the  convenience  of  the  white  residents  in  settling  the 
boundaries  of  districts  for  the  white  schools,  and  of  colored 
residents  in  settling  boundaries  for  colored  schools.  The 
schools  of  the  two  races  shall  be  separate ;  the  districts  the 
same  in  territorial  limit  or  not,  according  to  the  conven- 
ience of  the  parties  concerned.  In  cases  where  there  are 
two  sets  of  districts  in  a  county,  they  shall  be  designated 
as  school  district  number  one,  two,  three,  etc.,  for  white 
schools,  or  school  district  number  one,  two,  three,  etc.,  for 
colored  schools,  in  the  couty  of. 

Sec.  2551.  (As  amended  by  Laws  of  1889.)  County  Commissioners 
to  apportion  county  school  fund  among  districts ;  sums  so 
apportioned  subject  to  order  of  school  committees. 

The  county  board  of  education  (Commissioners)  of  every 
county  shall,  on  the  first  Monday  in  January^of  each  year, 
apportion  among  the  several  districts  of  the  county,  desig- 
nating the  amount  to  each  school-house,  if  more  than  one 
in4he  district,  all  schaol  funds  in  the  following  manner: 


13 

first  deduct  an  amount  sufficient  to  defray  the  general 
school  expenses  of  the  county  authorized  by  law ;  then 
apportion  two-thirds  of  the  funds  to  the  several  districts  in 
proportion  to  the  whole  number  of  children  between  the 
ages  of  six  and  twenty-one  years,  and  at  the  same  time  the 
remaining  one-third  shall  be  apportioned  in  such  manner  as 
to  equalize  the  average  length  of  school  terms  for  the  two 
races  as  far  as  may  be  practicable,  without  discrimination 
in  favor  of  or  to  the  prejudice  of  either  race.  As  soon  as 
the  apportionment  is  made,  the  county  board  of  education 
(Commissioners)  shall  post  a  statement  at  the  court  house 
door,  showing  the  amount  apportioned  to  the  several  dis- 
tricts or  schools  of  the  county,  and  they  shall  also  notify 
each  committee  of  the  amount  apportioned  to  their  district 
and  to  each  school.  The  board  shall  also  furnish  the  treas- 
urer of  the  county  board  of  education  a  statement  of  the 
amounts  apportioned  to  the  several  districts  and  schools. 

NOTE. — It  is  not  to  be  expected  that  the  school  terms  of  the  sev- 
eral districts  of  either  race  can  be  made  equal,  and  the  boards  are 
advised  to  give  no  district  more  than  its  per  capita  proportion  of 
the  funds,  unless  there  exists  a  real,  substantial,  geographical  rea- 
son why  the  number  of  pupils  is  small. 

Sec.  2552.    Basis   of   annual  apportionment  of   public   school 
moneys. 

The  annual  apportionment  of  public  school  moneys  shall 
be  based  upon  the  amounts  actually  received  by  the  county 
treasurer  from  all  sources  and  reported  by  him  to  the  county 
board  of  education  (Commissioners)  as  required  by  this  chap- 
ter. But  a  sufficient  amount  of  money  shall  be  left  unap- 
portioned  to  pay  the  general  school  expenses  of  the  county 
authorized  by  this  chapter. 

NOTE. — The  general  expenses  authorized  are  :  pay  of  treasurer's 
commissions,  mileage  and  per  diem  of  county  commissioners  on 
regular  days  in  July  and  January,  postage  and  stationery  for 
clerk  of  commissioners  in  educational  work.  See  section  39,  Laws 

1889. 


Sec.  2553.  (As  amended  by  Laws  of  1885  and  1889,  and  chapter 
483,  Laws  of  1893.)  School  committee  ;  their  duties  ;  yacan- 
cies,  etc. 

For  each  white  and  each  colored  school  district  there  shall 
be  elected  biennially  by  the  county  (Commissioners)  board 
of  education  of  the  respective  counties,  on  the  first  Mon- 
day in  June,  a  school  committee  of  three  persons,  whose 
term  of  service  shall  begin  the  first  Monday  of  July  follow- 
ing, and  whose  duties  shall  be  as  prescribed  in  this  chapter. 
If  a  vacancy  should  at  any  time  occur,  it  shall  be  the  duty 
of  the  county  board  of  education  to  appoint  a  suitable  res- 
ident of  the  school  district  to  fill  such  vacancy,  and  the  per- 
son thus  appointed  shall  exercise  all  the  powers  and  duties 
of  a  school  committeeman  until  his  successor  is  elected  and 
qualified.  For  sufficient  cause,  after  thirty  days'  formal 
notice,  the  county  board  of  education  (Commissioners)  may 
remove  a  school  committeeman  and  proceed  at  once  to  fill 
the  vacancy  thus  created :  Provided,  that  all  orders  by 
committees  for  money,  and  all  contracts  made  by  them  in 
writing  shall  be  signed  in  the  legible  handwriting  of  the 
committeemen  purporting  to  sign  such  orders  or  contracts, 
or  in  case  any  committeeman  cannot  write  his  name,  his 
signature  by  making  his  mark  shall  be  witnessed  by  at 
least  one  disinterested  witness  in  his  own  proper  handwrit- 
ing-   

NOTE. — Select  for  school  committeemen  those  who  will  give  per- 
sonal attention  to  school  interests  in  their  districts.  County  com- 
missioners will  note  that  the  law  requires  three  committeemen  for 
each  white,  and  three  for  each  colored  district.  The  committee- 
men  for  colored  school  districts  need  not  necessarily  be  colored 
men ;  where  competent  colored  men  cannot  be  had,  experienced 
and  competent  white  men  should  be  selected.  The  same  persons 
may  be  appointed  committeemen  for  a  white  and  for  a  colored 
district. 

Sec.  2554.  County  treasurer  to  receive  and  disburse  school  fund  ; 
his  bond  ;  misdemeanor,  etc. 

The  county  treasurer  of  each  county  shall  receive  and  dis- 


15 

burse  all  public  school  funds  ;  but  before  entering  upon  the 
duties  of  his  office,  he  shall  execute  a  justified  treasurer's 
bond,  with  security- in  double  the  amount  of  all  public 
school  moneys  received  by  him  or  by  his  predecessors  dur- 
ing the  previous  year,  conditioned  for  the  faithful  perform- 
ance of  his  duties  as  treasurer  of  the  county  board  of  edu- 
cation, and  for  the  payment  over  to  his  successor  in  office 
of  any  balance  of  school  moneys  that  may  be  in  his  hands 
unexpended,  and  the  county  board  of  education  (Commis- 
sioners) may,  from  time  to  time,  if  necessary,  require  him 
to  strengthen  said  bond,  and  in  default  thereof  the  members 
of  the  county  board  of  education  (Commissioners)  shall  be 
guilty  of  a  misdemeanor  ;  and  for  any  breach  of  said  bond, 
action  shall  be  brought  by  the  county  board  of  education 
(Commissioners). 

NOTE. — The  bond  is  to  be  taken  and  approved  by  the  board  of 
county  commissioners.     See  section  4,  chapter  199,  Laws  of  1889. 

Sec.  2555.  (As  amended  by  Laws  of  1889.)  Orders,  how  issued 
upon  treasurer  of  county  board  of  education ;  proviso ;  pay- 
ments for  building-  or  repairing  school-houses. 

All  orders  upon  the  treasurer  of  the  county  board  of  edu- 
cation for  school  money  for  the  payment  of  teachers,  and  all 
orders  for  the  purchase  of  sites  for  school-houses  and  for 
the  cost  of  building,  repairing  and  furnishing  school-houses, 
shall  be  signed  by  the  school  committee  of  the  district  in 
which  the  school  is  taught,  or  in  which  the  site  or  school- 
house  is  situated,  and  shall  be  countersigned  by  the  chair- 
man of  the  Board  of  County  Commissioners,  which  orders, 
duly  endorsed  by  the  person  to  whom  the  same  are  payable, 
shall  be  the  only  valid  vouchers  in  the  hands  of  the  treas- 
urer of  the  county  board  of  education,  to  be  paid  out  of  the 
funds  apportioned  to  the  district :  Provided,  the  said  treas- 
urer shall  not  pay  any  school  money  for  building  or  repair- 
ing any  school-house  unless  the  site  on  which  it  is  located 
has  been  donated  to  or  purchased  by  the  school  committee 


16 

of  the  district  in  which  said  house  is  located,  and  a  deed  for 
the  same  regularly  executed  and  delivered  to  said  commit- 
tee and  their  successors  in  office,  probated,  registered  in  the 
office  of  register  of  deeds  for  the  county,  and  delivered  to 
the  treasurer  of  the  county  board  of  education,  to  be  by  him 
safely  deposited  with  his  valuable  official  papers,  and  sur- 
rendered to  his  successor  in  office,  and  for  default  he  shall 
be  liable  on  his  official  bond  for  any  sum  thus  illegally 
paid.  No  order  given  by  a  school  committee  of  any  dis- 
trict for  maps,  charts,  globes  or  other  school  apparatus  shall 
be  valid  unless  the  same  be  endorsed  by  the  chairman  of 
the  Board  of  County  Commissioners  and  approved  by  the 
county  board  of  education  (Commissioners). 

NOTE. — Treasurers  will  note  that  this  section  requires  all  orders 
given  by  committeemen,  whether  for  teachers'  salaries  or  for  other 
claims  against  district  funds,  to  be  countersigned  by  the  chairman 
of  the  county  commissioners. 

Section  2584  requires  all  deeds  to  be  delivered  to  the  county  com- 
missioners. 

Sec.  2556.    Duties  of  treasurer  of  county  board  of  education. 

It  shall  be  the  duty  of  the  treasurer  of  the  county  board 
of  education  to  keep  a  book  in  which  he  shall  open  an 
account  with  each  public  school  district  in  the  county, 
showing  the  amount  apportioned  to  said  district,  distin- 
guishing the  moneys  due  to  the  white  and  the  colored 
districts,  the  date  of  all  payments  of  school  moneys,  the 
name  of  the  person  to  whom  paid  and  the  several  amounts. 

He  shall  balance  the  accounts  of  each  district  annually 
on  the  thirtieth  day  of  June  in  each  and  every  year,  and 
shall  report  by  letter  or  printed  circular,  within  ten  days 
after  each  apportionment,  to  each  school  committee  the 
amount  apportioned  to  the  respective  districts  for  the  year, 
together  with  the  balance  which  may  be  due  any  of  the  said 
districts  from,  the  preceding  year. 


17 

Sec.  2557.    Treasurer  to  furnish  blank  deeds  to  school  commit- 
tees ;  form  of  deed  ;  when  land  to  revert. 

It  shall  be  the  duty  of  the  treasurer  of  the  county  board 
of  education  to  furnish  school  committeemen  with  blank 
creeds  for  school -house  sites.  If  a  school-house  site  has  been 
purchased,  an  ordinary  fee-simple  deed  shall  be  executed. 
If  a  site  has  been  donated,  the  donor  may  provide  in  the 
deed  of  gift  that  the  title  to  the  site,  but  not  to  the  improve- 
ments, shall  revert  to  him  or  his  heirs  in  case  the  same 
shall  cease  to  be  used  for  school  purposes  for  the  space  of 
three  years. 

Sec.  2558.    (This  section  is  repealed.    See  Acts  1889.) 

Sec.  2559.    Treasurer  to  produce  books,  vouchers,  etc.,  when 
required  by  board. 

The  treasurer  of  the  county  board  of  education  shall, 
when  required  by  said  board,  produce  his  books  and  vouchers 
for  examination,  and  shall  also  exhibit  all  moneys  due  the 
public  school  fund  of  the  county  at  each  settlement  required 
by  this  chapter. 

Sec.  2560.    (As  amended  by  the  Laws  of  1889.)    Treasurer  to  make 
report  to  state  superintendent  of  public  instruction. 

The  treasurer  of  the  county  board  of  education  of  each 
county  shall  report  to  the  state  superintendent  of  public 
instruction  on  the  first  Monday  of  July  of  each  year  the 
entire  amount  of  school  money  received  and  disbursed  by 
him  during  the  preceding  school  year,  designating  by  items 
the  amounts  received  respectively  from  property  tax,  poll- 
tax,  liquor  licenses,  fines,  forfeitures  and  penalties,  auction- 
eers, estrays,  from  state  treasurer,  and  from  all  other  sources. 
He  shall  also  designate  by  items  the  sums  paid  to  teachers 
of  white  and  colored  children  respectively,  and  for  school- 
houses  and  school-house  sites  in  the  several  districts,  and  for 
all  other  purposes,  specifically  and  in  detail  by  items,  and 

on  the  same  day  he  shall  file  a  duplicate  of  said  report' ^in 

2 


18 

the  office  of  the  county  board  of  education  (Commissioners). 
He  shall  make  such  other  reports  as  the  "board  of  education 
(Commissioners)  of  the  county  may  require  from  time  to 
time. 

Sec.  2561.  Treasurer  to  keep  account  of  public  school  moneys. 

The  treasurer  of  the  county  board  of  education  shall  keep 
a  book  in  which  shall  be  entered  a  full  and  detailed  account 
of  all  public  school  moneys  received  by  him,  the  name  of 
each  person  paying  him  school  money,  the  source  from 
which  the  same  may  have  been  derived,  and  the  date  of 
such  payment :  Provided^  in  his  settlement  with  the  sheriff 
or  other  collecting  officer  of  public  school  taxes  or  other 
school  fund  the  said  treasurer  shall  receive  money  only. 

NOTE. — For  other  duties  of  treasurer  and  pay  for  services,  see 

section  25,  chapter  174,  Laws  of  1885,  as  published  in  this  pamphlet. 

/ 

Sec.  2562.  (As  amended  by  the  Laws  of  1885.)  Treasurer  failing 
to  report  guilty  of  misdemeanor. 

Any  treasurer  of  a  county  board  of  education  failing 
to  make  the  reports  required  of  him  at  the  time  and  in  the 
manner  prescribed  shall  be  guilty  of  a  misdemeanor,  and  be 
fined  not  less  than  fifty  dollars  and  not  more  than  two 
hundred  dollars,  or  imprisoned  not  less  than  thirty  days 
nor  more  than  six  months,  in  the  discretion  of  the  court. 

Sec.  2563.  (As  amended  by  Laws  of  1889.)  Sheriif  to  pay  annually 
in  money  to  treasurer  of  the  county  board,  amount  of 
state  and  county  taxes  levied  for  school  purposes,  etc.;  mis- 
demeanor ;  penalty ;  action  on  bond. 

The  sheriff  of  each  county  shall  pay  annually  in  money 
to  the  treasurer  of  the  county  board  of  education  thereof, 
on  or  before  the  thirty-first  day  of  December  of  each  year, 
the  whole  amount  levied,  less  such  sum  or  sums  as  may  be 
allowed  on  account  of  insolvents,  for  the  current  year,  by 
both  state  and  county,  for  school  purposes ;  and,  on  failure 
so  to  do,  shall  be  guilty  of  a  misdemeanor,  and  fined  not  less 


19 

th-an  two  hundred  dollars,  and  be  liable  to  an  action  on  his 
official  bond  for  his  default  in  such  sum  as  will  cover  such 
default,  said  action  to  be  brought  to  the  next  ensuing  term 
of  the  superior  court  and  upon  the  relation  of  the  county 
board  of  education  (Commissioners)  for  and  in  behalf  of  the 
state. 

Sec.  2564.  (As  amended  by  the  Laws  of  1885.)   Sheriff  to  take 
duplicate  receipts. 

The  sheriff  or  other  collecting  officer  shall  take  duplicate 
receipts  of  the  treasurer  of  the  county  board  of  education 
for  such  payments  as  he  may  make  under  this  chapter,  one 
copy  of  which  shall  be  transmitted  to  the  auditor  of  the 
state,  and  one  to  the  chairman  of  the  county  board  of  edu- 
cation (Commissioners). 


.  —  Sections  2562,  2563  and  2564.  Treasurers  arid  sheriffs  will 
specially  iiOte  the  provisions  of  these  sections.  They  will  keep  the 
poll  and  property  tax  separate,  indicating  each  in  the  receipts 
given  by  the  treasurer.  This  they  will  be  the  better  able  to  do, 
because  the  school  poll-tax  and  school  property  tax  of  each  indi- 
vidual will  be  separated  on  the  tax  lists.  A  little  attention  to  this 
will  enable  the  treasurers  to  make  their  reports  promptly. 

See  also  section  8,  chapter  199,  Laws  1889,  which  requires  the 
sheriff  to  itemize  as  specified  in  section  2560. 

Sec.  '2505.  (As  amended  by  the  Laws  of  1885.)  Duties  of  secretary 
of  county  board  of  commissioners. 

The  secretary  shall  record  all  of  the  proceedings  of  the 
county  board  of  education  (Commissioners)  issue  all  notices 
and  orders  that  may  be  made  by  said  board  pertaining  to 
the  public  schools,  school-houses,  sites  or  districts  (which 
notices  or  orders  it  shall  be  the  duty  of  the  secretary  to 
serve  by  mail,  or  by  personal  delivery  without  cost),  and 
record  all  school  statistics.  The  county  board  of  education 
(Commissioners)  shall  provide  the  secretary  with  a  suitable 
book  in  which  to  make  the  records  required  by  this  sec- 
tion. 


20 

Sec.  2566.  (As  amended  by  the  Laws  of  1885, 1889,  1891  and  1895.) 
Examination  of  applicants  for  teachers'  certificates  by 
county  examiner ;  grades  of  certificates ;  valid  for  one  year 
in  county  where  issued ;  what  to  be  taught  in  public  schools; 
proviso. 

The  examiner  of  each  county  shall  examine  all  applicants 
of  good  moral  character  for  teachers'  certificates  at  the 
court-house  in  the  county,  on  the  first  Monday  in  July  of 
every  year,  and  continue  the  examination  from  day  to  day 
till  all  applicants  are  examined.  All  such  applicants  shall 
pay  to  the  examiner,  in  advance,  a  fee  of  one  dollar  for 
such  examination.  Provided,  that  the  examiner  may 
examine  applicants  for  teachers'  certificates  at  any  other 
time  or  place,  but  when  so  examined  the  applicant  shall 
pay  to  the  examiner,  in  advance,  a  fee  of  one  dollar  and 
fifty  cents  for  such  examination.  The  grade  of  the  cer- 
tificate to  which  the  applicants  may  be  entitled  shall  con- 
form to  the  following  standard  of  excellence :  that  is,  one 
hundred  being  the  maximum,  a  certificate  shall  not  issue 
to  any  applicant  who  makes  less  than  fifty  per  centum  in 
any  one  branch,  or  whose  general  average  is  less  than 
seventy  per  centum.  A  general  average  of  ninety  per  cen- 
tum and  over  shall  entitle  an  applicant  to  a  first-grade  cer- 
tificate ;  a  general  average  of  eighty  per  centum  or  more 
shall  entitle  the  applicant  to  a  second-grade  certificate  ;  and 
a  general  average  of  seventy  per  centum  or  more  shall 
entitle  an  applicant  to  a  third-grade  certificate.  The  cer- 
tificates shall  be  valid  for  one  year  from  their  dates  and 
only  in  the  county  in  which  they  were  issued.  No  branches 
shall  be  taught  in  the  public  schools  except  spelling,  defin- 
ing, reading,  writing,  arithmetic,  English  grammar,  geog- 
raphy, elementary  physiology  and  hygiene,  and  the  history 
of  the  state  and  United  States :  Provided,  the  school 
committee  may  make  special  arrangements  to  allow  other 
branches  to  be  taught :  Provided,  also,  the  examiner  shall 


21 

hold  his  examinations  publicly,  and  may   invite  competent 
persons  to  assist  him  in  such  examinations. 

NOTE. — The  examiner  should  grant  certificates  to  none  except  to 
those  who  produce  reliable  evidence  of  good  character,  and  pass 
an  approved  examination,  fairly  testing  the  proficiency  of  the 
applicant.  School  committees  should  provide  for  additional 
studies  in  the  public  schools,  when  such  action  will  be  of  advan- 
tage to  any  of  the  pupils  of  their  district.  The  pursuit  of  all  useful 
knowledge  should  be  encouraged  in  the  schools.  The  examina- 
tions need  riot  be  held  in  the  court-house,  but  may  be  conducted 
in  any  suitable  room  at  the  county-seat. 

See  section  41  of  chapter  199,  Laws  of  1889,  which  requires 
examinations  on  theory  and  practice  of  teaching.  Also  chapter 
169,  Laws  of  1891,  and  the  studies  there  provided. 

Sec.  2567.  Repealed  by  act  of  1895. 
Sec.  2568.  Repealed  by  act  of  1895. 
Sec.  2569.  Repealed  by  act  of  1895. 
Sec.  2570.  Register  of  Deeds  to  distribute  blanks. 

It  shall  be  the  duty  of  the  clerk  of  the  Board  of  County 
Commissioners  to  distribute  to  the  various  school  commit- 
tees of  his  county  all  such  blanks  as  may  be  furnished  by 
the  state  superintendent  of  public  instruction  for  reports  of 
school  statistics  of  the  several  districts ;  also  blanks  for 
teachers'  reports  and  for  orders  on  the  treasurer  of  the 
county  board  of  education  for  teachers'  salaries;  he  shall 
also  distribute  to  the  school  committees  school  registers  for 
their  respective  districts ;  he  shall  advise  with  said  commit- 
tees as  to  the  best  methods  of  gathering  the  school  statis- 
tics contemplated  by  such  blanks,  and,  by  all  proper  means, 
shall  seek  to  have  such  statistics  fully  and  promptly 
reported. 

NOTE. — The  blanks  furnished  by  the  state  superintendent  areas 
follows :  School  Registers,  Record  of  Examinations,  Teachers'  Re- 
ports and  Vouchers,  Teachers'  Certificates,  Reports  of  clerks  of 
County  Commissioners,  Treasurers1  Reports,  Census  Reports,  and 
Deeds,  and  blanks  for  Census  of  Deaf  and  Dumb  and  of  Blind 
under  chapter  69,  Laws  of  1893.  In  ordering  blanks  from  the  state 
superintendent  the  Register  of  Deeds  should  give  his  express  office. 


22 

Sec.  2571.  (As  amended  by  the  Laws  of  1885  and  1895.)  Chair- 
man of  the  board  of  county  commissioners  to  countersign 
orders  on  treasurer  of  county  board  for  payment  of  teach- 
ers' salaries. 

It  shall  be  the  duty  of  the  chairman  of  the  board  of 
county  commissioners  to  countersign  all  orders  given  by  the 
several  school  committees  upon  the  treasurer  of  the  county 
board  of  education  in  payment  of  teachers'  salaries,  and  it 
shall  not  be  lawful  for  the  said  treasurer  to  pay  such  orders 
unless  the  same  have  been  countersigned  by  the  chairman 
of  the  board  of  county  commissioners:  Provided,  the  said 
chairman  shall  not  have  authority  to  countersign  any  such 
order  until  the  teacher  in  whose  favor  it  is  drawn  shall 
have  made  the  reports  to  the  chairman  required  by  this 
chapter,  and  shall  have  sworn  to  them  before  the  said  chair- 
man. 


NOTE. — The  spirit  of  this  proviso  is,  that  no  voucher  shall  be 
countersigned  unless  sworn  to.  See  section  12,  chapter  199,  Laws 
1889.  All  orders  must  be  countersigned  by  the  chairman  of  the 
county  commissioners.  See  section  2555. 

Sec.  2572.  County  examiner  to  deliver  to  county  board  catalogue 
of  teachers,  etc. 

The  county  examiner  shall  deliver  to  the  county  board 
of  education  (Commissioners),  on  or  before  the  first  Monday 
in  July  in  every  year,  a  catalogue  of  all  the  teachers  to 
whom  he  gave  certificates  during  the  year. 

Sec.  2573.    Clerk  of  board  of  commissioners  to  report  to  state 
superintendent  number,  etc.,  of  teachers,  schools,  etc. 

It  shall  be  the  duty  of  the  clerk  of  the  board  of  county  com- 
missioners in  each  county,  on  or  before  the  first  Monday  in 
July  of  every  year,  to  report  to  the  state  superintendent  of 
public  instruction  an  abstract  statement  of  the  number, 
grade,  race  and  sex  of  the  teachers  examined  and  approved 


23 

by  him  (the  examiner)  during  the  year ;  also  the  number 
of  public  schools  taught  in  the  county  during  the  year  for 
each  race1;  the  number  of  pupils  of  each  race  enrolled  in 
said  schools ;  their  average  attendance ;  the  number  of 
females ;  the  average  length  of  the  terms  of  said  schools 
and  the  average  salary,  respectively,  of  the  white  and  col- 
ored teachers ;  also  full  and  accurate  statistics  of  the  num- 
ber of  school  children  in  the  county,  giving  race  and  sex  ; 
the  number  of  school  districts  for  each  race,  and  the  num- 
ber of  public  school-houses  and  the  value  of  public 'school 
property  for  each  race ;  the  number  of  teachers'  institutes 
held,  and  the  number  of  teachers  that  attended  such  insti- 
tutes, together  with  such  suggestions  as  may  occur  to  him' 
promotive  of  the  school  interests  of  the  county. 

NOTE. — The  clerk  of  the  Board  of  County  Commissioners  should 
make  full  and  prompt  reports  under  the  provision  of  this  section, 
and  report  all  permanent  private  schools  in  their  county,  as  indi- 
cated by  any  blank  which  may  be  furnished  them. 

Sec.  2574.  (As  amended  by  the  Laws  of  1885  and  1895.)  Clerk  of 
the  board  of  county  commissioners  to  record  copy  of  report 
to  state  superintendent  in  office  of  secretary  of  board  of 
commissioners. 

The  clerk  of  the  board  of  county  comissioners  shall  record 
in  his  books  his  annual  report  to  the  state  superintendent  of 
public  instruction  and  the  census  reports  and  school  statis- 
tics as  reported  to  him  by  the  school  committees. 

Sec.  2575.  Repealed  by  act  of  1895  and  the  following  inserted  in 
lieu  thereof: 

"  That  for  all  such  clerical  work  as  shall  be  performed  by 
the  clerk  of  the-  board  of  county  commissioners  he  shall 
receive  such  compensation  as  in  the  discretion  of  the  coimty 
commissioners  may  be  deemed  just  and  right,  froyided, 
the  same  shall  not  be  a  greater  amount  than  the  amount 
allowed  by  law  for  similar  services  performed  by  said  clerk 
as  clerk  of  the  board  of  county  commissioners.  Provided 


24 

further,  that  such  clerk  shall  render  an  itemized  account, 
under  oath,  for  all  such  service,  and  the  same  shall  be  paid 
out  of  the  general  county  fund  when  approved  by  the  said 
board  of  commissioners." 

Sec.  2576.  (As  amended  by  the  Laws  of  1885.)  Oath  of  school 
committeemen ;  school  officers  authorized  to  administer 
oaths. 

Before  entering  upon  the  duties  of  their  office,  the  school 
committeemen  shall  take  an  oath  for  the  faithful  discharge 
of  the  duties  of  their  office.  In  all  matters  pertaining  to 
the  execution  of  the  school  law,  all  the  members  of  the 
county  board  of  education  and  the  county  superintendent 
are  authorized  to  administer  oaths,  but  neither  they  nor 
justices  of  the  peace  shall  be  entitled  to  any  fee  for  such 
service. 

Sec.  2577.  Meeting  ol  school  committeemen;  chairman;  clerk; 
record  to  be  kept. 

The  school  committee  of  each  school  district,  within  fif- 
teen days  after  their  election  or  appointment,  shall  meet  at 
some  convenient  point  within  the  school  district,  and 
organize  by  electing  one  of  their  number  chairman  and 
another  of  their  number  clerk  of  the  school  committee,  and 
the  said  clerk  shall  keep  a  record  of  the  proceedings  of  said 
committee  in  a  book  provided  for  that  purpose. 

NOTE. — A  record  of  the  proceedings  of  each  committee,  as 
required  by  this  section,  should  be  kept ;  very  many  difficulties 
will  be  avoided  thereby.  This  record  book  is  not  furnished  by  the 
state  superintendent,  but  may  be  bought  by  the  committee. 

Sec.  2578.    School  committee  to  be  a  body  corporate. 

The  school  committee  of  each  school  district  shall  be  a 
body  corporate  by  the  name  and  style  of  "  The  School  Com- 
mittee of  District  No ,  -in  the  county  of. ,"  and  by 

that  name  shall  be  capable  of  purchasing  and  ho]ding  real 
and  personal  estate,  and  of  selling  and  transferring  the  same 


25 

for  school  purposes,  and  of  prosecuting  and  defending  suit 
for  or  against  the  corporation.  All  conveyances  to  school 
committees  shall  be  to  them  and  their  successors  in  office. 

Sec.  2579.  (As  amended  by  the  Laws  of  1885,  1889  and  1895.) 
School  committee  to  take  annual  census  of  children;  to 
report  number  of  school-houses  to  clerk  of  commissioners. 

It  shall  be  the  duty  of  the  school  committee  of  each 
district  to  take  and  return  to  the  Clerk  of  the  board  of 
county  commissioners  on  or  before  the  first  day  of  June  in 
every  year,  a  full  and  accurate  census  of  the  children 
between  the  ages  of  six  and  twenty-one  years,  designating 
the  race  and  sex.  And  the  said  committee  shall  also 
report  to  the  said  clerk  of  commissioners  the  number  of 
public  school-houses  and  the  value  of  all  public  school- 
property,  for  each  race,  separately. 

Should  the  committee  fail  to  make  such  report  by  the 
first  Monday  of  July,  the  report  of  the  preceding  year 
shall  be  taken  as  the  basis  of  the  report  to  the  state  super- 
intendent. The  said  report  shall  be  signed  by  the  member 
of  the  committee  designated  to  take  the  census,  and  be 
sworn  to  before  any  justice  of  the  peace  or  other  person 
authorized  to  administer  oaths. 

NOTE. — A  failure  by  the  committee  to  make  the  report  as 
required  by  this  section  is  sufficient  cause  for  their  removal  by  the 
county  commissioners.  The  committe  will  designate  one  of  their 
number  to  perform  this  duty,  who  is  to  swear  to  the  report.  See 
chapter  69,  Laws  of  1893. 

Sec.  2580.  (As  amended  by  the  Laws  of  1889.)  School  committee 
authorized  to  employ  and  dismiss  teachers,  and  to  fix  their 
pay. 

The  school  committees  shall  have  authority  to  employ 
and  dismiss  teachers  in  their  respective  districts ;  but  no 
contract  shall  be  made  during  any  year  to  extend  beyond 
the  term  of  office  of  the  committee,  nor  for  more  money 
than  is  placed  to  the  credit  of  the  district  for  the  fiscal 


26 

year  during  which  the  contract  is  made.  No  person  shall 
be  employed  as  a  teacher  who  does  not  produce  a  certifi- 
cate from  the  county  superintendent  of  public  instruction 
(County  Examiner)  dated  within  the  time  prescribed  by 
law.  Teachers  of  third  grade  shall  receive  out  of  the  pub- 
lic fund  not  more  than  fifteen  dollars  per  month ;  of  the 
second  grade,  not  more  than  twenty-five  dollars  per  month, 
and  teachers  of  first  grade  may  receive  such  compensation 
as  shall  be  agreed  upon  ;  but  no  teacher  shall  receive  any 
compensation  for  a  shorter  term,  than  one  month,  unless 
providentially  hindered.  Twenty  school  days  shall  be  a 
month :  Provided,  that  the  county  board  of  education 
(County  Commissioners)  shall  have  authority  to  fix  a  max- 
imum price  for  first-grade  teachers,  and  otherwise  superin- 
tend the  employing  and  dismissing  of  teachers  not  incon- 
sistent with  the  specific  prohibition  in  this  section. 

NOTE. — A  good  teacher  is  cheaper  at  a  high  price  than  an  incom- 
petent teacher  at  a  low  price.  The  practice  in  some  sections  of 
employing  teachers  and  putting  them  to  work  before  they  have  a 
certificate,  relying  on  a  prospective  examination,  is  unlawful. 

The  amendment  to  this  section  by  the  Assembly  of  1889  allows 
the  board  of  commissioners  to  make  such  regulations  about 
employing  and  dismissing  teachers  as  they  may  deem  proper,  not 
inconsistent  with  the  plain  provisions  of  the  section.  It  is  advised 
that  large  discretion  be  allowed  to  committeemen,  especially  if 
they  are  intelligent  and  manifest  interest  in  their  school.  In  case 
of  divisions  and  neighborhood  difficulties  as  to  who  the  teacher  is 
to  be,  terms,  etc.,  the  board  can  control. 

Sec.  2581.  Teachers  to  render  statement  of  number  of  pupils,  etc., 
to  school  committee ;  when  order  for  payment  of  teachers  to 
be  given. 

At  the  end  of  every  term  of  a  public  school,  the  teacher 
or  principal  of  the  school  shall  exhibit  to  the  school  com- 
mittee of  the  district  a  statement  of  the  number  of  pnpils, 
male  and  female ;  the  average  daily  attendance,  the  length 
of  term  and  the  time  taught.  If  the  committee  are  satis- 
fied that  the  provisions  of  this  chapter  have  been  complied 


27 

with,  they  shall  give  an  order  on  the  treasurer  of  the  county 
board  of  education,  payable  to  said  teacher,  for  the  full 
amount  due  for  services  rendered. 

Sec.  2582.  School  committee  empowered  to  receive  gifts,  etc. ;. 
deed,  how  executed;  proceeds  of  sale;  to  have  care  of 
school-house,  etc.,  and  to  sell  the  same,  etc. ;  original 
grantor  to  have  option  to  repurchase  school-house  site 
when  resold. 

The  school  committee  may  receive  any  gift,  grant,  dona- 
tion or  devise  made  for  the  use  of  any  scnool  or  schools 
within  their  jurisdiction,  and  in  their  corporate  capacity  they 
shall  be  intrusted  with  the  care  and  custody  of  all  school- 
houses,  school-house  sites,  grounds,  books,  apparatus,  or 
other  public  school  property  belonging  to  their  respective- 
jurisdictions,  with  full  power  to  control  the  same  as  they 
may  deem  best  for  the  interest  of  the  public  schools  and  the 
cause  of  education.  When,  in  the  opinion  of  the  committee, 
any  school-house,  school-house  site  or  other  public  school 
property  has  become  unnecessary  for  public  school  purposes,, 
they  shall  sell  the  same  at  public  auction,  after  advertise- 
ment for  twenty  days  at  three  public  places  in  the  county. 
The  deed  for  the  property  thus  sold  shall  be  executed  by 
the  chairman  and  clerk  of  the  committee,  and  the  proceeds 
of  the  sale  shall  be  paid  to  the  treasurer  of  the  county  board 
of  education  for  the  school  expenses  in  said  school  district : 
Provided,  the  committee  shall  h'rst  offer  the  site  and 
improvements  to  the  original  grantor,  donor,  or  his  heirs,, 
at  a  price  fixed  by  the  committee.  And  in  the  event  of  a 
disagreement  as  to  the  price,  the  committee  shall  select  one 
discreet  and  disinterested  per&m,  and  the  grantor,  donor,  or 
his  heirs  shall  select  another  such  person,  to  value  and 
appraise  the  property,  and  in  the  event  they  cannot  agree, 
they  shall  call'to  their  aid  an  umpire;  and  upon  the  pay- 
ment of  the  price  thus  fixed  the  committee  shall  convey,  by 
proper  deed,  the  property  to  the  original  grantor,  donor,  or 


28 

his  heirs  :  Provided,  that  the  committee  shall  be  allowed  to 
remove  the  house  if  the  grantor  or  his  representative  refuse 
to  purchase  it,  and  its  value  shall,  in  that  case,  not  be  con- 
sidered in  the  apppraisement. 

Sec.  2583.  (As  amended  by  section  15,  chapter  199,  Laws  of  1889.) 
Committee  empowered  to  receiye  sites  for  school-houses  by 
donation  or  purchase;  in  case  of  purchase,  approval  of 
chairman  and  secretary  of  county  board  necessary;  title; 
proceedings  to  condemn  land  for  school-house  sites. 

The  school  committee  may  receive  suitable  sites  for  school- 
houses  by  donation  or  purchase.  In  the  latter  case  they 
shall  report  the  price  to  the  chairman  and  secretary  of  the 
county  board  of  education  (County  Commissioners).  If  the 
latter  are  satisfied  that  the  price  is  not  excessive,  and  that 
it  is  suitable  in  respect  to  its  location,  they  shall  approve 
the  order  of  the  committee  on  the  treasurer  of  the  county 
board  of  education  for  the  purchase  money,  and  upon  pay- 
ment of  the  order  the  title  to  said  site  shall  vest  in  the  com- 
mittee and  their  successors  in  office.  Whenever  the  com- 
mittee are  unable  to  obtain  a  suitable  site  for  a  school 
by  gift  or  purchase,  they  shall  report  to  the  county  super- 
intendent of  public  instruction  (Clerk  of  Board  of  County 
Commissioners),  who  shall,  upon  five  days'  notice  to  the 
owner  of  the  land,  apply  to  the  clerk  of  the  superior  court 
for  the  appointment  of  their  [three]  appraisers,  who  shall 
lay  off,  by  metes  and  bounds,  not  more  than  one  acre,  and 
assess  the  value  thereof.  They  shall  make  a  written  report 
of  their  proceedings,  to  be  signed  by  them  or  by  a  majority 
of  them,  to  the  said  clerk  within  five  days  from  their 
appointment,  who  shall  enter*  the  same  upon  the  records 
of  the  court.  If  said  report  is  confirmed  by  the  clerk  of 
the  court,  the  chairman  and  secretary  shall  approve  the 
order  which  the  district  school  committee  shall  give  on  the 
treasurer  of  the  county  board  of  education  in  favor  of  the 
owner  of  the  land  thus  laid  off,  and  upon  payment  or  offer 


29 

of  payment  of  this  order  the  title  to  said  land  shall  vest 
in  the  school  committee  and  their  successors  in  office :  Pro- 
vided, improved  land  shall  not  be  condemned  under  thi& 
section  unless  it  be  essential  to  secure  a  proper  location : 
Provided  further,  any  person  aggrieved  by  the  action  of 
said  appraisers  may  appeal  to  the  superior  court  of  the 
county  in  which  the  land  is  situate  upon  giving  bond  to 
secure  the  board  against  such  costs  as  may  be  incurred  on 
account  of  said  appeal  not  being  prosecuted  with  eifect. 

NOTE. — School  committees  should  procure  suitable  sites  in  their 
respective  districts,  and  have  comfortable  school-houses  erected 
thereon.  When  the  district  has  no  school-house,  disputes  arise 
each  year  as  to  where  the  school  should  be  taught,  and  thus  neigh- 
borhood quarrels  are  promoted  which  injure  the  schools.  School 
committees  should  pay  particular  attention  to  the  provisions  of 
this  section  to  save  trouble  in  connection  with  titles. 

Sec.  2584.   (As  amended  by  chapter  199,  Laws  of  1889.)    School 
committee  to  deliver  deeds  to  county  board  of  education. 

All  deeds  to  school  committeemen  shall  be  delivered  for 
safe-keeping  to  the  board  of  education  (Commissioners)  of 
the  county,  and  they  shall  have  them  recorded,  if  not 
already  recorded,  and  all  deeds  hereafter  made  shall  be 
delivered  to  said  board  for  their  inspection  before  registra- 
tion. 

Sec.  2585.  Duties  of  teachers;  dismissal  of  pupil. 

It  shall  be  the  duty  of  all  teachers  of  free  public  schools 
to  maintain  good  order  and  discipline  in  their  respective 
schools,  to  encourage  morality,  industry  and  neatness  in  all 
of  their  pupils,  and  to  teach  thoroughly  all  the  branches 
which  they  are  required  to  teach.  If  any  pupil  shall  wil- 
fully and  persistently  violate  the  rules  of  the  school,  such 
pupil  may  be  dismissed  by  the  teacher  for  the  current 
term. 

NOTE. — On  the  subject  of  the  authority  of  the  teacher  as  to  cor- 
poral punishment,  the  following  decision,  rendered  by  Judge  Gras- 
ton,  2  Devereux  and  Battle,  p.  365,  is  quoted  : 


30 

"  The  law  confides  to  schoolmasters  and  teachers  a  discretionary 
power  in  the  infliction  of  punishment  upon  their  pupils,  and  will 
not  hold  them  responsible  criminally,  unless  the  punishment  be 
such  as  to  occasion  permanent  injury  to  the  child,  or  be  inflicted 
merely  to  gratify  their  own  evil  passions. 

"  It  is  not  easy  to  state  with  precision  the  power  which  the  law 
grants  to  schoolmasters  and  teachers  with  respect  to  the  correction 
of  their  pupils.  It  is  analogous  to  that  which  belongs  to  parents, 
and  the  authority  of  the  teacher  is  regarded  as  a  delegation  of 
parental  authority.  One  of  the  most  sacred  duties  of  parents  is  to 
raise  up  and  qualify  their  children  for  becoming  useful  and  virtu- 
ous members  of  society  ;  this  duty  cannot  be  effectually  performed 
without  the  ability  to  command  obedience,  to  control  stubborn- 
ness, to  quicken  diligence  and  to  reform  bad  habits  ;  and  to  enable 
him  to  exercise  this  salutary  sway  he  is  armed  with  the  power  to 
administer  moderate  correction  when  he  shall  believe  it  to  be  just 
and  necessary. 

"  Within  the  sphere  of  his  authority,  the  master  is  judge  when 
correction  is  required  and  of  the  degree  of  correction  necessary  ; 
and  like  all  others  intrusted  with  a  discretion,  he  cannot  be  made 
penally  responsible  for  error  of  judgment,  but  only  for  wickedness 
of  purpose.  The  best  arid  wisest  of  mortals  are  weak  and  erring 
creatures,  and  in  the  exercise  of  functions  in  which  their  judgment 
is  to  be  the  guide  cannot  be  rightfully  required  to  engage  for  more 
than  honesty  of  purpose  and  diligence  of  exertion.  His  judgment 
must  be  presumed  correct,  because  he  is  the  judge,  and  also 
because  of  the  difficulty  of  proving  the  offence  or  accumulation  of 
offences  that  called  for  correction  ;  of  showing  the  peculiar  temper- 
ament, disposition  and  habits  of  the  individual  corrected  ;  and  of 
exhibiting  the  various  milder  means,  that  may  have  been  ineffec- 
tually used,  before  correction  wras  resorted  to. 

"  But  the  master  may  be  punishable  when  he  does  not  transcend 
the  powers  granted,  if  he  grossly  abuse  them.  If  he  use  his  author- 
ity as  a  cover  of  malice,  and,  under  pretence  of  administering  cor- 
rection, gratify  his  own  bad  passions,  the  mask  of  the  judge  shall 
be  taken  off,  and  he  will  stand  amenable  to  justice,  as  an  individ- 
ual not  invested  with  judicial  power.  " 

For  conduct  outside  of  school,  or  after  school  is  dismissed,  it 
seems  to  be  agreed  that  a  teacher  may  inflict  punishment  for  any 
misbehavior  that  has  a  direct  or  immediate  tendency  to  injure  the 
school,  to  subvert  the  teacher's  authority  and  to  beget  disorder 
and  insubordination.  This  line  of  authority  it  is  difficult  to  draw 
with  precision,  and  a  wise  discretion  must  be  exercised,  the  teacher 
always  bearing  in  mind  that  it  is  the  school  and  his  authority  to 
.govern  it  that  are  to  be  protected. 


31 

The  secret  of  success  in  school  government  lies  in  the  art  of  cre- 
ating an  interest  and  enthusiasm  in  school  exercises  and  their 
results.  This  done  the  school  will,  in  a  large  measure,  govern 
itself ;  without  it,  110  kind  or  degree  of  corporal  punishment  will 
secure  good  results  in  school  work  or  government.  The  teacher 
should  so  demean  himself  as  to  make  all  pupils  consider  him  their 
friend  and  benefactor,  keeping  authority  and  punishment  in  the 
background,  to  be  used  when  nothing  else  will  do. 

Sec.  2586.  (As  amended  by  Laws  of  1885,  1889  and  1895.)  Teach. 
ers  to  keep  daily  records  concerning  pupils;  grades  in  schol- 
arship, in  deportment;  report  to  be  made  to  clerk  of  the 
board  of  county  commissioners. 

Every  teacher  or  principal  of  a  school  to  which  aid  shall 
be  given  under  this  chapter  shall  keep  a  daily  record  of  all 
absences  of  pupils  and  of  the  grade  in  scholarship  and 
deportment  of  each.  The  grade  in  scholarship  shall  be 
indicated  by  the  numbers  one,  two,  three,  four  and  five,  one 
representing  the  highest  or  first  grade  and  five  the  lowest, 
and  the  three  intermediate  numbers  the  three  intermediate 
grades.  The  grades  in  deportment  shall  be  represented  by 
the  same  numbers  arid  in  the  same  order.  At  the  end  of 
every  term  every  principal  or  teacher  of  a  public  school 
shall  report  to  the  clerk  of  the  board  of  county  commission- 
ers the  length  of  term  of  school,  the  race  for  which  it  was 
taught,  the  number,  sex  and  average  daily  attendance  of 
the  pupils,  and  the  number  of  the  district  in  which  the 
school  was  taught. 

If  any  term  comprehends  parts  of  the  two  school  years, 
beginning  in  one  and  ending  in  the  succeeding,  the  teacher 
shall  on  the  first  day  of  July  make  the  above  required  report 
for  the  part  of  the  term  up  to  that  date,  and  the  remaining 
part  of  the  term  shall  be  reported  when  the  term  closes  and 
form  part  of  the  report  for  that  year. 

NOTE. — Teachers  will  note  that  their  orders  for  salary  will  not 
be  approved  by  the  chairman  of  the  board  of  county  commission- 
ers or  paid  by  the  treasurer,  until  this  report  is  made.  Arrange- 
ments, however,  may  be  made  with  the  chairman  of  said  board  to 


32 

approve  orders  for  the  salary  of  each  month,  so  as  to  enable  teach- 
ers to  draw  their  pay  monthly.  The  teacher  must,  in  this  case, 
make  a  report  for  the  full  session  at  its  close,  before  he  can  receive 
the  last  installment  of  his  salary. 

Section  24,  chapter  199,  Laws  of  1889,  forbids  any  school  being  in 
session  on  June  30th.  No  school  can  comprehend  parts  of  two 
school  years  :  therefore  the  last  paragraph  of  this  section  is  practi- 
cally of  no  force. 

Sec.  2587.  School  year. 

The  school  year  shall  begin  on  the  first  Monday  in 
July. 

NOTE. — See  section  1,  chapter  199,  Laws  of  1889. 

Sec.  2588.  (As  amended  by  the  Laws  of  1889.)  Every  school  receiv- 
ing aid  under  this  chapter  to  be  a  public  school. 

Every  school  to  which  aid  shall  be  given  under  this  chap- 
ter shall  be  a  public  school,  to  which  all  children  living 
within  the  district  between  the  ages  of  six  and  twenty-one 
years  shall  be  admitted  free  of  charge  for  tuition  :  Provided, 
the  admission  of  pay  students  shall  be  under  the  direction 
of  the  committee.  Provided  further,  that  the  committee 
or  the  county  superintendent  (chairman  of  the  Board  of 
County  Commissioners),  or  the  board  of  education  may 
exclude  persons  of  immoral  lives  or  character. 

NOTE. — Children,  in  the  district,  not  of  school  age,  or  those  living 
outside  of  the  district,  may  be  admitted  as  pay  students  by  direc- 
tion of  the  school  committee. 

Sec.  2589.  (As  amended  by  section  3,  chapter  116,  Laws  of  1895.) 
Tax  of  eighteen  cents  on  every  one  hundred  dollars  of 
property  and  credits  to  be  levied  for  support  of  public 
schools ;  poll-tax  of  fifty-four  cents. 

In  addition  to  the  state  and  county  capitation  taxes 
appropriated  by  the  constitution,  and  other  revenues  for 
the  support  of  the  public  schools,  there  shall  be  levied  and 
collected  every  year  for  the  maintenance  and  support  of  the 
public  schools  eighteen  cents  on  every  one  hundred  dollars 


33 

worth  of  property  and  credits  in  the  state,  and  fifty-four 
cents  on  every  poll,  in  addition  to  the  taxes  in  the  revenue 
law. 


E.  —  Attention  is  called  to  section  nine  (9),  chapter  199,  Laws  x 
1889.  The  forms  will  contain  separate  columns  for  school  poll-tax 
and  school  property  tax,  and  it  is  required  of  the  county  commis- 
sioners and  register  of  deeds  to  enter  these  items  separate,  whether 
levied  in  this  section  or  under  the  provisions  of  section  2590.  Each 
tax  receipt  is  to  show  the  total  amount  of  school  tax  separate  from 
the  state  and  county  tax,  so  that  each  tax  payer  may  know  exactly 
how  much  school  tax  he  pays.  The  phrase,  "in  addition  to  the 
taxes  in  the  revenue  law,"  has  reference  to  taxes  on  liquor  dealers, 
and  taxes  other  than  property  and  poll. 

Sec.  2590.  (As  amended  by  the  Laws  of  1885.)  If  taxes  insuffi- 
cient to  maintain  public  schools  four  months,  board  of 
commissioners  to  levy  special  tax  ;  how  collected. 

If  the  tax  levied  by  the  state  for  the  support  of  the  public 
schools  shall  be  insufficient  to  maintain  one  or  more  schools 
in  each  school  district  for  the  period  of  four  months,  then 
the  board  of  commissioners  of  each  county  shall  levy  annu- 
ally a  special  tax  to  supply  the  deficiency  for  the  support 
and  maintenance  of  said  schools  for  the  said  period  of  four 
months  or  more.  The  said  tax  shall  be  collected  by  the 
sheriff  in  money,  and  he  shall  be  subject  to  the  same  liabili- 
ties for  the  collection  and  accounting  of  said  tax  as  for  other 
tfxes.  The  said  tax  shall  be  levied  on  all  property,  credits 
and  polls  of  the  county  ;  and  in  the  assessment  of  the  amount 
on  each  the  commissioners  shall  observe  the  constitutional 
equation  of  taxation  ;  and  the  fund  thus  raised  shall  be 
expended  in  the  county  in  which  it  is  collected,  in  such 
manner  as  the  county  board  of  education  (Commissioners) 
may  determine,  for  maintaining  the  public  schools  for  four 
months  at  least  in  each  year.  But  the  county  board  of 
education  (County  Commissioners)  shall  not  be  required  to 
expend  upon  a  district  containing  less  than  sixty-five  pupils 
the  same  sum  it  may  give  to  larger  districts,  notwithstand- 
3 


34 

ing  an  inequality  of  length  of  school  terms  may  be  the 
result.  The  county  board  of  education  (County  Commis- 
sioners), on  or  before  the  annual  meeting  of  the  commis- 
sioners and  justices  of  the  peace  for  levying  county  taxes, 
shall  make  an  estimate  of  the  amount  of  money  necessary 
to  maintain  the.  schools  for  four  months  and  submit  it  to 
the  county  commissioners. 

NOTE. — This  section  should  be  observed  and  its  provisions  car- 
ried out  fully  by  the  county  commissioners.  It  will  be  observed 
that  the  law  is  mandatory  in  its  provisions,  and  that  it  is  intended 
to  carry  into  effect  the  provisions  of  article  nine,  sections  two  and 
three,  of  the  state  constitution.  It  will  be  noted  that  the  county 
commissioners  are  required  to  make  an  estimate  of  the  additional 
funds  necessary  to  provide  schools  for  four  months  and  to  levy  the 
taxes  for  same  if  there  is  a  margin  before  reaching  the  constitu- 
tional limit.  For  some  years  the  law  has  required  the  county 
commissioners  to  levy  any  additional  tax  that  might  be  necessary 
to  continue  the  schools  for  a  period  of  four  months  per  annum, 
and  the  constitution  of  the  state  makes  it  their  duty  to  do  this 
under  penalty  of  indictment ;  and  yet  some  commissioners  do  not 
attend  to  this  duty.  Construing  the  constitution  and  the  statute 
together,  we  are  forced  to  the  conclusion  that  it  is  the  imperative 
duty  of  the  commissioners  to  levy  this  tax. 

The  decision  of  the  supreme  court  in  Barksdale  v.  Commission- 
ers of  Sampson,  93  N.  C.  Reports,  does  not  relieve  the  commission- 
ers of  this  obligation  except  when  the  limit  of  66£  cents  on  $100 
valuation  of  property  and  $2.00  on  polls  has  been  reached  for  state, 
county  and  school  purposes. 

Section  two,  article  five,  of  the  constitution,  is  as  follows  :       % 

uThe  proceeds  of  the  state  and  county  capitation  tax  shall  be 
applied  to  the  purposes  of  education  and  the  support  of  the  poor, 
but  in  no  one  year  shall  more  than  twenty-five  per  cent,  thereof 
be  appropriated  to  the  latter  purpose." 

The  state  tax  is  that  levied  by  the  general  assembly,  and  the 
county  tax  is  that  levied  by  the  justices  of  the  peace  and  county 
commissioners.  These  taxes,  combined,  can  never  exceed  $2. 00  on 
the  poll. 

When  this  limit  is  reached  the  commissioners  cannot  levy  any 
school  tax  under  the  provisions  of  this  section,  but  they  are 
required  to  see  that  the  sheriff  (tax  collector)  shall  pay  over  to  the 
treasurer  of  the  board  of  education  at  least  $1.50  on  each  poll  that 
is  collected,  and  they  can  allow  more  if  they  will. 


35 

If  the  limit  of  two  dollars  is  not  reached  by  the  combined  state 
and  county  levies,  then  at  least  three-fourths  of  whatever  they  do 
amount  to  must  be  paid  over  for  schools;  and  in  that  case  the  com- 
missioners must  make  an  additional  levy,  if  necessary,  to  continue 
the  schools  four  months. 

In  ascertaining  whether  the  limit  has  been  reached,  no  special 
taxes  for  special  purposes,  under  special  acts  of  assembly,  are  to  be 
included  in  the  calculation. 

Sec.  2591.  (As  amended  by  the  Laws  of  1889.)    School  committee 
empowered  to  contract  with  teacher  of  private  school;  proviso. 

In  any  school  district  where  there  may  be  a  private  school, 
regularly  conducted  for  at  least  nine  months  in  the  year,  the 
school  committee  may  contract  with  the  teacher  of  such  pri- 
vate school  to  give  instruction  to  all  pupils  between  the  ages 
of  six  and  twenty-one  years  in  the  branches  of  learning 
taught  in  the  public  schools,  as  prescribed  in  this  chapter, 
without  charge  and  free  of  tuition;  and  such  school  com- 
mittee may  pay  such  teacher  for  such  services  out  of  the 
public"  school  funds  apportioned  to  the  district,  and  the 
agreement  as  to  such  pay  shall  be  arranged  between  the  com- 
mittee and  teacher:  Provided,  any  teacher  so  employed  shall 
obtain  a  first-grade  certificate  before  beginning  his  work,  and 
shall  from  time  to  time  make  such  reports  as  are  required  of 
other  public  school  teachers  under  this  chapter:  Provided 
further,  that  the  board  of  education  of  the  county  (Board 
of  Commissioners)  and  the  county  superintendent  (chairman 
of  Commissioners)  shall  Have  the  same  authority  in  respect 
to  the  employment  and  dismissal  of  teachers  under  this  sec- 
tion and  in  every  other  respect  as  is  conferred  in  other  sec- 
tions of  the  law:  And  provided  further,  that  all  contracts 
made  under  this  section  shall  designate  the  length  of  the 
public  school  term,  which  shall  not  be  less  than  the  average 
length  of  the  public  school  terms  of  the  county  of  the  pre- 
ceding year. 

NOTE. — This  section  is  intended  to  harmonize  the  public  and  the 
private  school  interests,  but  it  does  not  permit  the  pupils  of  any 


36     , 

one  district  to  be  divided  among  the  different  private  schools  that 
may  be  located  within  its  limits.  The  general  law  provides  that 
districts  must  be  laid  off  and  definite  territorial  lines  established 
and  a  public  school-house  provided,  at  which  all  the  pupils  within 
such  lines  are  to  attend  school.  If,  however,  the  committee  think 
best,  they  can  employ  the  principal  of  a  permanently  established 
private  school  to  teach  all  the  pupils  of  the  district,  following  the 
spirit  and  the  letter  of  this  section. 

The  object  of  the  above  section  is  not  to  destroy  the  public  school, 
but  to  make  it  better. 

Sec.  2592.  Misdemeanor  to  wilfully  disturb  any  school,  etc. 

Every  person  who  shall  wilfully  interrupt  or  disturb  any 
public  or  private  school,  or  any  meeting  lawfully  and  peace- 
fully held  for  the  purpose  of  literary  and  scientific  improve- 
ment, either  within  or  without  the  place  where  such  meet- 
ing or  school  is  held,  or  injure  any  school  building,  or  de- 
face any  school  furniture,  apparatus  or  other  school  prop- 
erty, shall  be  guilty  of  a  misdemeanor,  and  fined  not  ex- 
ceeding fifty  dollars  or  imprisoned  not  more  than  thirty 
days.  Any  person  who  shall  wilfully  set  fire  to,  or  procure 
the  same  to  be  done,  any  school-house,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  by 
imprisonment  in  the  penitentiary  or  county  jail,  and  may 
also  be  fined  in  the%  discretion  of  the  court. 

Sec.  2593.  (As  amended  by  the  Laws  of  1885,  chapter  54,  Laws  of 
189?$.)  State  superintendent  of  public  instruction  authorized 
to  employ  clerk;  his  salary,  how  paid. 

The  state  superintendent  of  public  instruction  is  author- 
ized to  employ  a  clerk  at  a  salary  of  one  thousand  dollars 
per  annum,  which  shall  be  paid  monthly  by  the  state  treas- 
urer, on  the  warrant  of  the  auditor,  out  of  any  funds  which 
may  be  in  the  treasury  not  otherwise  appropriated. 

Sec.  652  of  the  Code,  as  amended  by  the  Laws  of  1889.  Commis- 
sioners and  county  boards  of  education  may  punish,  etc. 

The  board  of  commissioners  and  the  county  board  of 
education  of  each  county  shall  have  power  to  punish  for 


37 

contempt,  for  any  disorderly  conduct  or  disturbance  tend- 
ing to  interrupt  them  in  the  transaction  of  their  official 
business. 

Sec.  2654  of  The  Co'de,  as  ameuded  by  the  Laws  of  1889  aiid  1895. 

In  every  township,  city,  or  town  not  now  levying  a  spe- 
cial tax  for  schools  equal  to  or  greater  than  the  tax  herein- 
after authorized,  the  board  of  commissioners  of  the  several 
counties  of  the  State  shall  order  an  election  to  be  held  at 
date  of  the  next  election  for  members  of  the  General 
Assembly  and  regularly  hereafter  to  ascertain  the  will  of 
the  people  whether  there  may  be  levied  in  each  township, 
city  or  town  not  herein  excepted  a  special  annual  tax  of 
twenty  cents  an  the  hundred  dollars  valuation  of  property 
and  sixty  cents  on  the  poll  to  supplement  the  public  school 
fund  for  such  township,  city  or  town;  said  election  may  be 
held  in  the  different  election  precincts  and  wards  as  pre- 
scribed in  the  chapter  entitled  "Elections  Regulated;"  said 
board  of  county  commissioners  shall  for  the  purposes  of  the 
election  to  be  held  under  this  act  direct  that  may  be  given 
by  advertising  at  least  thirty  days  before  said  election.  At 
said  election,  those  who  are  in  favor  of  the  levy  and  collec- 
tion of  said  tax  may  vote  a  ticket  on  which  may  be  printed 
or  written  the  words,  "For  Schools  ;"  and  those  who  are 
opposed  may  vote  a  ticket  on  which  may  be  printed  or 
written  the  words,  "Against  Schools." 

See.  2655,  as  amended  by  Laws  of  1895. 

That  in  case  a  majority  of  the  qualified  voters  at  said 
election  are  in  favor  of  said  tax,  the  same  may  be  annually 
levied  and  appropriated  in  such  township,  city  or  town  in 
the  manner  prescribed  for  the  levying  and  appropriation  of 
other  school  taxes.  Provided,  that  all  the  money  collected 
in  each  township,  city  or  town  under  the  provision  of  this 
act  shall  be  expended  exclusively  upon  the  school  therein. 
Provided,  that  this  act  may  not  apply  to  the  counties 


38 

of  Bertie,  Northampton,  Granville,  Halifax,  Rockingham, 
Columbus,  Caswell,  New  Hanover,  Alleghany,  Perquimans, 
Chowan,  Gates,  Currituck,  Carnden,  Hertford,  Pasquotank, 
Warren,  Edgecombe,  Catawba,  Cumberland,  Person,  Anson, 
Union,  Wake,  Lenoir,  Onslow,  Green,  Cleveland,  Craven, 
Moore,  Jones,  Franklin,  Nash,  Wilson  and  Ash,  Craven, 
Rowan,  Sampson,  Alamance,  McDowell,  Brunswick,  For- 
syth,  Johnston,  Martin,  Lincoln,  Randolph,  Buncombe, 
Chatham,  Vance,  Durham,  Pitt,  Transylvania,  Warren, 
Mecklenburg  and  Hyde,  Wilkes,  Robeson,  Richmond  and 
Iredell. 


SECTIONS  OF  CHAPTER  174,  LAWS  OF  1885,  WHICH  ARE  NOT 
EMBODIED  IN  THE  SECTIONS  OF  THE  CODE  AS  PRINTED  IN 
THIS  PAMPHLET. 

SECTION  24:.  The  principal  or  superintendent  of  every 
school  supported  in  whole  or  part  by  public  funds  shall 
report  to  the  state  superintendent  at  such  time  and  in  such 
form  as  he  may  direct. 

SEC.  25.  (As  amemded  by  section  18,  chapter  199,  Laws 
1889.)  The  treasurer  of  the  county  board  of  education  shall, 
on  the  last  Saturday  of  each  month,  attend  at  the  office  of 
the  county  board  of  education  for  the  purpose  of  paying 
school  orders  (provided,  that  in  those  counties  where  the 
sheriff  is  ex-officio  treasurer  of  the  county  he  shall  not  be 
required  to  attend  his  office  on  the  last  Saturday  in  each 
month);  but  this  shall  not  be  construed  to  prevent  the  pay- 
ment of  orders  at  other  times;  and  he  shall  be  allowed  for 
compensation  as  treasurer  of  the  school  fund  such  sum  as 
the  board  of  education  may  allow  him,  not  to  exceed  two 
per  centum  of  his  vouchers  paid  on  orders  of  school  com- 
mittees. 

NOTE. — The  orders  given  by  Sc?iool  Committeemen  constitute  the 
basis  on  which  Treasurer's  commissions  are  to  be  calculated  and 
allowed. 


39 

SEC.  26  (As  amended  l>y  section  17,  chapter  199,  Laws 
1889.)  No  contracts  for  teachers'  salaries  shall  be  made 
during  any  fiscal  year  for  a  larger  amount  of  money  than 
is  actually  to  the  credit  of  the  respective  districts  for  that 
year,  and  no  committee  shall  give  an  order  unless  the 
money  to  pay  it  is  actually  to  the  credit  of  the  district. 

SEC.  27.  The  Secretary  of  State  shall  furnish  a  copy  of 
The  Code  and  of  the  laws  to  each  county  board  of  educa- 
tion. 

SEC.  28.  No  change  of  district  shall  be  made  until  full 
information  is  laid  before  the  county  board  of  education, 
(County  Commissioners)  showing  the  shape,  size,  bound- 
aries and  school  population  of  all  the  districts  aifected  by  the 
change.  Unless  for  extraordinary  geographical  reasons, 
no  change  of  district  lines  shall  be  made  that  will  consti- 
tute any  district  with  less  than  sixty-five  children  of  school 
age,  and  the  county  board  shall  provide  as  far  as  practicable, 
that  no  district  shall  contain  less  than  that  number  of  children 
of  school  age.  The  county  board  shall  furnish  plans  and 
and  require  the  committees  to  construct  comfortable  houses, 
with  a  view  to  permanency  and  enlargement  as  the  increas- 
ing population  may  demand.  The  county  board  shall  in 
all  matters,  obey  the  requirements  of  the  state  board  of 
education  and  the  state  superintendent. 

NOTE. — This  section  does  not  require  the  counties  to  be  redis- 
tricted.  If  changes  of  district  lines  are  made,  however,  full  infor- 
mation must  be  laid  before  the  board  of  County  Commissioners  to 
enable  them  to  act  intelligently.  In  making  new  districts  or 
changing  lines,  no  district  can  be  made,  or  left,  with  less  than 
sixty- five  children  of  school  age,  unless  on  account  of  extraordinary 
geographical  reasons,  such  as  the  intervention  of  dangerous  rivers 
or  creeks;  the  large  territory  that,  in  some  sparsely  populated  sec- 
tions, would  be  required  to  include  sixty-five  pupils,  etc. 

Let  the  County  Commissioners,  the  committees  and  the  people 
work  together,  in  the  respective  counties,  to  build  comfortable 
houses,  furnish  them  well,  and  make  their  location  permanent; 
then  our  system  will  be  much  more  effective  for  good. 


CHAPTEE  199,  LAWS  1889. 

(Sections  are  omitted  which  are  embodied  in  the  sections  of  The 
Code  as  printed  in  this  pamphlet.) 

SECTION  1.  That  the  fiscal  school  year  shall  begin  on  the 
first  day  of  July  and  close  on  the  thirtieth  day  of  June  next 
succeeding. 

SEC.  4.  That  the  bond  of  the  treasurer  of  the  county  board 
of  education  shall  be  approved  by  the  board  of  county  com- 
missioners, and  they  shall  bring  action  for  any  breach  thereof, 
and  on  their  failure  to  bring  such  action,  it  may  be  brought 
in  the  name  of  the  state  on  the  relation  of  any  tax-payer. 
The  said  bond  shall  be  separate,  not  including  liabilities  for 
other  funds,  and  shall  be  in  double  the  amount  of  school 
funds  which  he  may  receive  or -which  wrere  received  by  his 
predecessor  during  the  previous  year. 

SEC.  8.  That  whenever  the  sheriif  or  other  collecting 
officer  pays  over  moneys  to  the  treasurer  of  the  board  of 
education,  he  shall  designate  the  items  as  indicated  in  sec- 
tion two  thousand  five  hundred  and  sixty  of  The  Code,  as 
amended  by  this  act,  and  these  items  shall  be  stated  in  the 
receipts  given  by  the  treasurer. 

SEC.  9.  That  the  auditor  of  the  state  shall  include  on  the 
form  which  he  furnishes  to  the  board  of  county  com  mis-  f 
sioners,  and  on  which  the  tax-lists  are  to  be  made  out,  sepa- 
rate columns 'for  school  poll-tax  and  school  property  tax,  in 
one  of  which  columns  shall  be  entered  the  total  poll-tax 
levied  by  the  general  assembly  and  the  county  authorities 
for  schools  due  by  each  tax-payer,  and  in  the  other  the  total 
property  tax  levied  by  the  general  assembly  and  the  county 
authorities  for  schools  due  by  each  tax-payer.  The  auditor's 
form  shall  likewise  show,  in  separate  columns,  the  white  and 
colored  polls,  and  in  separate  columns  the  property  of  whites 
and  colored,  and  the  list-taker's  form  shall  be  arranged 
accordingly. 


41 

SEC.  11.  That  for  immoral  conduct  or  other  conduct  unbe- 
coming a  teacher,  the  county  superintendent  (Examiner) 
shall  have  power  to  revoke  any  certificate  given  by  a 
county  superintendent  (Examiner). 

SEC.  12.  That  teachers  may  be  qualified  to  their  orders 
by  any  person  authorized  to  administer  an  oath. 

SEC.  19.  That  on  the  first  Monday  of  July  the  board  of 
education  (Commissioners),  county  superintendent  (clerk  of 
Commissioners),  and  treasurer  shall  meet  at  the  office  of  the 
board  and  settle  all  the  business  of  the  preceding  fiscal  year. 
Hhe  board  shall,  on  that  day,  examine  the  reports  of  the 
treasurer  and  county  superintendent  (clerk  of  Commission- 
ers) which  are  required  to  be  made  to  the  State  superinten- 
dent, and,  if  found  correct,  shall  direct  them  to  be  forwarded. 

SEC.  20.  That  should  any  day  specified  in  this  act  on 
which  any  duty  should  be  performed  fall  on  Sunday,  such 
duty  shal]  be  performed  on  the  day  following. 

SEC.  21.  That  the  register  of  deeds  shall  furnish  to  the 
board  of  education  (Commissioners),  as  soon  as  the  tax-lists 
are  made  out,  an  abstract  of  said  lists,  showing,  in  separate 
columns,  the  total  amount  of  poll-tax  borne  on  said  lists, 
and  also  the  total  amount  of  property  tax  borne  on  the  same, 
and  shall  furnish  such  other  information  from  his  office  as 
the  county  board  of  education  (Commissioners)  may  from 
time  to  time  require. 

SEC.  24.  That  as  far  as  practicable  the  county  board  shall 
require  all  schools  to  be  in  session  at  the  same  time,  and  no 
school  shall  be  in  session  at  the  close  of  the  fiscal  year. 

SEC.  26.  That  if  the  term  of  office  of  any  treasurer  shall 
expire  on  the  thirtieth  day  of  November  during  any  fiscal 
school  year,  or  if  for  any  reason  he  shall  hold  office  beyond 
the  thirtieth  of  November  and  not  for  the  whole  of  the  cur- 
rent fiscal  school  year,  he  shall,  at  the  time  he  goes  out  of 
office,  file  with  the  county  board  of  education  (County  Com- 
missioners) and  with  his  successor  a  report,  itemized  as 


42 

required  by  section  2560  of  The  Code  as  amended  by  this 
act,  covering  the  receipts  and  disbursements  for  that  part 
of  the  fiscal  school  year  from  the  thirtieth  of  June  preced- 
ing to  the  time  at  which  he  turns  over  the  office  to  his  suc- 
cessor, and  his  successor  shall  include  in  his  report  to  the 
state  superintendent  the  receipts  and  disbursements  for  the 
current  fiscal  school  year. 

SEC.  27.  That  each  treasurer  of  the  county  board  of  educa- 
tion, on  going  out  of  office,  shall  deposit  in  the  office  of  the 
board  of  education  (Commissioners)  of  his  county  his  books 
in  which  are  kept  his  school  accounts,  and  all  records  and 
blanks  pertaining  to  his  office. 

SEC.  38.  The  clerks  of  all  criminal  courts  shall  furnish, 
immediately  upon  the  close  of  the  term,  to  the  board  of 
education  (Commissioners)  of  the  county  a  detailed  statement 
of  fines,  forfeitures  and  penalties  which  go  to  the  school 
fund  that  have  been  imposed  or  which  have  accrued  during 
the  terms.  Any  clerk  failing  to  comply  with  the  duties 
herein  prescribed  shall  be  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction,  be  fined  or  imprisoned  at  the  discre- 
tion of  the  court. 

SEC.  41.  That  in  addition  to  the  requirement  for  obtain- 
ing a  first-grade  certificate,  as  now  provided  by  section 
2566  of  The  Code,  as  amended  by  Laws  of  1885,  the  appli- 
cant must,  from  and  after  one  year  from  the  ratification  of 
this  act,  stand  a  satisfactory  examination  upon  some  books 
on  school  economy  and  theory  and  practice  of  teaching,  to 
be  selected  by  the  state  supeiintendent  of  Public  Instruc- 
tion. 

NOTE. — The  superintendent  has  selected  Page's  Theory  and 
Practice  of  Teaching  in  compliance  with  this  section.  (See  Appen- 
dix for  arrangements  for  purchasing  the  book. 

SEC.  42.  That  in  determining  the  right  of  any  child  to 
attend  the  white  or  colored  schools,  the  rule  laid  down  in 
section  1810  of  The  Code,  regulating  marriages,  shall  be 
followed. 


43 

SEC.  47.  By  and  with  the  consent  of  the  county  board 
of  education  (County  Commissioners),  the  committees  of 
two  or  more  contiguous  districts  in  any  city  or  town  may, 
by  a  majority  vote  of  the  committee  in  each  district, 
employ  a  practical  teacher,  who  shall  be  known  as  the 
superintendent  of  the  public  schools  of  said  districts,  and 
he  shall  perform  all  the  duties  of  the  county  superintendent 
(Examiner)  as  to  said  districts,  and  shall  make  to  the 
county  superintendent  (Clerk  of  Board  of  Commissioners) 
all  reports  that  may  be  necessary  to  enable  him  to  make 
his  reports  to  the  state  superintendent. 

SEC.  48.  That  all  laws  and  clauses  of  laws  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed. 

SEC.  49.  That  this  act  shall  be  in  force  from  and  after 
its  ratification. 

Ratified  the  llth  day  of  March,  A.  D.   1889. 


CHAPTER  169,  LAWS  1891. 

AN  ACT  TO  PROVIDE  FOR  THE  STUDY  OF  THE  NATURE 
OF  ALCOHOLIC  DRINKS  AND  NARCOTICS,  AND  OF 
THEIR  EFFECT  UPON  THE  HUMAN  SYSTEM,  IN  THE 
PUBLIC  SCHOOLS. 

The  General  Assembly  of  North  Carolina  do  enact: 

SECTION  1.  That  the  nature  of  alcoholic  drinks  and  nar- 
cotics and  special  instruction  as  to  their  effect  upon  the 
human  system  in  connection  with  the  several  divisions  of  the 
subject  of  physiology  and  hygiene  shall  be  included  in  the 
branches  of  study  taught  in  the  common  or  public  schools 
in  the  State  of  North  Carolina,  and  shall  be  studied  and 
taught  as  thoroughly  and  in  the  same  manner  as  other  like 
required  branches  are  in  said  schools,  by  the  use  of  text- 
books in  the  hands  of  the  pupils,  and  orally  in  case  of  pupils 
unable  to  read,  and  shall  be  taught  by  all  teachers  and 


studied  by  all  pupils  in  all  schools  in  this  state  supported 
wholly,  or  in  part,  by  public  money. 

SEC.  2.  That  the  text-books  used  for  the  instruction  to  be 
given  in  the  preceding  section  for  primary  and  intermediate 
grades  shall  give  at  least  one-fourth  of  their  space  to  the 
consideration  of  the  nature  and  effect  of  alcoholic  drinks  and 
narcotics,  and  the  text-books  used  in  the  higher  grades  of 
the  public  schools  shall  give  at  least  twenty  pages  to  the 
consideration  of  this  subject. 

SEC.  3.  That  no  certificate  to  teach  in  the  public  schools 
in  this  state  shall  hereafter  be  granted  to  any  applicant  who 
has  not  passed  a  satisfactory  examination  in  the  study  of  the 
nature  of  alcoholic  drinks  and  narcotics,  and  of  their  effect 
upon  the  human  system  in  connection  with  the  several 
divisions  of  the  subject  of  relative  physiology  and  hygiene. 

SEC.  4.  That  it  shall  be  the  duty  of  the  proper  officers  in 
control  of  any  school  described  in  the  first  section  of  this  act 
to  enforce  the  provisions  of  this  act,  and  any  such  officer, 
school  director,  committee,  superintendent,  or  teacher  who 
sha.ll  refuse  or  neglect  to  comply  with  the  requirements  of 
this  act,  or  shall  neglect  or  fail  to  make  proper  provisions  for 
the  instruction  required  and  in  the  mariner  specified  by  this 
act  for  all  pupils  in  each  and  every  school  under  his  control 
and  supervision  shall  be  removed  from  office,  and  the  vacancy 
filled  as  in  other  cases. 

SEC.  5.  That  this  act  shall  be  in  force  and  take  effect  from 
and  after  the  first  day  of  August,  1891. 

In  the  general  assembly  read  three  times,  and  ratified  this 
the  27th  day  of  February,  1891. 

NOTE. — The  county  examiners  will  examine  the  teachers  as 
required  by  this  statute  and  issue  certificates  upon  the  same  basis  of 
grading  as  is  required  by  the  general  law  as  to  other  branches. 


CHAPTEE  69,  LAWS  1893. 

AN  ACT  TO  REQUIRE  THE  COUNTY  SUPERINTENDENTS 
OP  PUBLIC  INSTRUCTION  TO  SECURE  INFORMATION 
AS  TO  THE  NUMBER  OF  DEAF,  DUMB  AND  BLIND  CHIL- 
DREN IN  THEIR  RESPECTIVE  COUNTIES. 

The  General  Assembly  of  North  Carolina  do  enact: 

SECTION  1.  That  it  shall  be  the  duty  of  the  county  super- 
intendent of  public  instruction  (clerk  of  the  board  of  County 
Commissioners)  to  require  of  the  school  committee  of  the 
various  school  districts  in  enumerating  the  number  of  school 
children,  to  make  a  statement  in  the  report  of  the  number 
of  deaf,  dumb  and  blind  between  the  ages  of  six  and  twenty- 
one  years,  designating  the  race  and  sex,  and  the  address  of 
the  parent  or  guardian  of  said  children;  and  the  county 
superintendents  of  public  instruction  (clerks  of  boards  of 
County  Commissioners)  are  hereby  required  to  furnish  such 
information  to  the  principals  of  the  deaf,  dumb  and  blind 
institutions,  and  the  superintendent  of  public  instruction, 
in  preparing  blanks  as  directed  in  The  Code,  section  three 
thousand  three  hundred  and  seventy,  shall  include  questions, 
answers  to  which  will  furnish  the  information  aforesaid. 

SEC.  2.  That  this  act  shall  be  in  force  from  and  after  its 
ratification. 

Katified  the  2d  day  of  February,  A.  D.  1893. 


CHAPTEK  372,  LAWS  1893. 

AN  ACT  TO  CERTIFY  AS  TEACHERS  IN  THE  PUBLIC 
SCHOOLS  OF  THE  STATE  THE  GRADUATES  OF  PEA- 
BODY  NORMAL  COLLEGE  OF  NASHVILLE,  TENNESSEE. 

The  General  Assembly  of  North  Carolina  do  enact: 

SECTION  1.   That  the  graduates  from  Peabody  Normal  Col- 
lege, Nashville,  Tennessee,  in  the  degree  of  Licentiate  of 


46, 

Instruction,  and  any  higher  degrees  conferred  by  said  insti- 
tution, shall  be  recognized  in  this  state  as  certified  for  life-as 
teachers  in  any  and  all  public  schools. 

SEC.  2.  That  this  privilege  is  subject  to  revocation  by  the 
state  superintendent  of  public  instruction,  or  by  the  state 
board  of  education,  at  his  or  their  discretion,  for  cause. 

SEC.  3.   That  this  act  shall  be  in  force  from  and  after  its 
ratification. 
'  Eatified  the  6th  day  of  March,  A.  D.  1893. 

NOTE. — Any  conduct  which  would  be  good  cause  for  revoking  a 
certificate  granted  to  a  teacher  by  a  county  examiner  would  be  good 
cause  for  revoking  the  priviledge  granted  by  this  act.  Any  county 
examiner  or  county  board  of  commissioners  having  knowledge  of 
such  conduct  by  any  graduate  of  said  college,  teaching  in  the  state, 
will  report  the  same,  with  proper  proofs,  to  the  state  superinten- 
dent, or  to  the  state  board  of  education. 


SECTIONS    12  AND  13  OF  CHAPTER    214,  LAWS  OF  1893,  is 

PUBLISHED    BELOW    FOR    THE    INFORMATION    OF    THE     PUBLIC 
AND    THE    GUIDANCE    OF    PUBLIC    SCHOOL  x  OFFICERS. 

SECTION  12.  The  county  superintendents  of  health,  or  the 
board  of  health  in  the  several  cities  and  towns  where  organ- 
ized, otherwise  the  authorities  of  said  cities  or  towns,  shall 
cause  a  record  to  be  kept  of  all  reports  received  in  pursuance 
of  the  preceding  sections,  and  such  records  shall  contain  the 
names  of  all  persons  who  are  sick,  the  localities  in  which 
they  live,  the  diseases  with  which  they  are  affected,  together 
with  the  date  and  names  of  all  persons  reporting  any  such 
cases.  The  boards  of  health  of  cities  and  towns  wherever 
organized,  and  where  not  the  mayors  of  the  same,  and  in 
other  cases  the  county  superintendent  of  health,  shall  give 
the  school  committee  of  the  city  or  town,  the  principals  of 
private  schools  and  the  superintendent  of  public  instruction 
of  the  county  (chairman  of  the  Board  of  County  Commis- 


47 

sioners),  when  the  schools  are  ID  session,  notice  of  all  such 
cases  of  contagious  diseases  reported  to  them  according  to 
the  provisions  of  this  act.  A  failure  to  perform  this  duty 
for  twenty-four  hours  after  the  receipt  of  the  notice  shall  be 
deemed  a  misdemeanor,  and  subject  the  delinquent  upon 
conviction  to  a  fine  of  not  less  than  ten  nor  more  than  fifty 
dollars. 

SEC.  13.  The  school  committees  of  public  schools,  superin- 
tendents of  graded  schools  and  the  principals  of  private 
schools  shall  not  allow  any  pupil  to  attend  the  school  under 
their  control  while  any  member  of  the  household  to  which 
said  pupil  belongs  is  sick  of  either  small-pox,  diphtheria, 
measles,  scarlet  fever,  yellow  fever,  typhus  fever  or  cholera, 
or  during  a  period  of  two  weeks  after  the  death,  recovery  or 
removal  of  such  sick  person;  and  any  pupil  coming  from 
such  household  shall  be  required  to  present  to  the  teacher 
of  the  school  the  pupil  desires  to  attend  a  certificate  from 
the  attending  physician,  city  health  officer  or  county  super- 
intendent of  health  of  the  facts  necessary  to  entitle  him  to 
admission  in  accordance  with  the  above  regulations.  A 
wilful  failure  on  the  part  of  any  school  committee  to  perform 
the  duty  required  in  this  section  shall  be  deemed  a  misde- 
meanor, and  upon  conviction  shall  subject  each  and  every 
member  of  the  same  to  a  fine  of  not  less  than  one  nor  more 
than  twenty-five  dollars:  Provided,  that  the  instructions  in 
accordance  with  the  provisions  of  this  section  given  to  the 
teachers  of  the  schools  within  twenty-four  hours  after  the 
receipt  of  each  and  every  notice,  shall  be  deemed  performance 
of  duty  on  the  part  of  the  school  committee.  Any  teacher 
of  a  public  school  and  any  principal  of  a  private  school  fail- 
ing to  carry  out  the  requirements  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  fined  not  less  than  one  nor  more  than  twenty-five  dollars. 


APPENDIX— LIST  OF  TEXT-BOOKS,  ETC. 


Section  2539  of  the  school  law  prior  to  March  6th,  1895,  required 
the  state  board  of  education  to  recommend  a  series  of  text-books 
to  be  used  in  the  public  schools  for  a  term  of  three  years  and  until 
otherwise  ordered ;  and  section  22,  chapter  199,  Laws  1889,  made 
the  use  of  the  books  so  recommended  compulsory  in  all  the  public 
schools  of  the  state.  The  act  of  1895,  see  section  2539  of  this 
pamphlet,  requires  the  county  boards  of  education  (County  Com- 
missioners) to  adopt  text-books  on  first  Monday  in  June,  1896. 
Till  then  the  list  here  published  is  to  be  used  under  the  contract  of 
state  board  of  education  with  publishers . 

The  contracts  with  the  publishers  require  them  to  furnish  the 
books  to  pupils  at  the  cash  retail  price  given  opposite  each  book 
mentioned  in  the  list  below,  and  to  make  convenient  arrangements 
to  keep  them  for  sale  in  all  the  counties. 

The  following  is  the  list  as  now  revised,  with  the  names  of  the 
publishers : 

UNIVERSITY  PUBLISHING  co.  Contract 

Price. 

Hansell's  School  History  of  U.  S $0.60 

Harwell's  Higher  School  History  of  U.   S 1.00 

Holmes'  First  Reader.    New  Edition 15 

Holmes'  Second  Reader.     New  Edition 25 

Holmes'  Third  Reader.     New  Edition 40 

Holmes'  Fourth  Reader.     New  Edition 50 

Holmes'  Fifth  Reader.    New  Edition 72 

Maury's  Elementary  Geography 55 

Maury's  Revised  Manual  of  Geography,  N.  C.  Edition 1.25 

Maury's  Revised  Physical  Geography 1.20 

Sanford's  Primary  Analytical  Arithmetic 20 

Sanford's  Intermediate  Analytical  Arithmetic 36 

Sanford's  Common  School  Analytical  Arithmetic 64 

Sanford's  Higher  Analytical  Arithmetic 85 

Sanford's  Elementary  Algebra 1.00 

Finger's  Civil  Government 60 


50 

THE  J.  B.  LIPPINCOTT  CO. 

Worcester's  Primary  Dictionary 48 

Worcester's  New  School  Dictionary 80 

Worcester's  Comprehensive  Dictionary 1.40 

Worcester's  Academic  Dictionary 1.50 

Worcester's  Octavo  Dictionary 8.40 

THE  BAKER  &  TAYLOR  CO. 

Stephens'  History  of  the  U.  S.  (as  Reference  Book) '..     1.08 

AMERICAN  BOOK  CO. 

McGuffey's  Revised  Eclectic  Primer.. 10 

Harvey's  Elementary  Grammar  and  Composition.  Revised....  .42 

Harvey's  Practical  English  Grammar.  Revised 65 

Eclectic  Penmanship.  Elementary  Tracing  Course.  3  Nos. 

Doz 72 

Eclectic  Penmanship  Copy-Books.  New.  9  Nos.  Per  doz 96 

Swinton's  Language  Primer 28 

Harrington's  Spelling  Book 20 

Harper's  New  Graded  Copy-Books.  Primary  Course.  7  Nos. 

Doz 72 

Harper's  New  Graded  Copy-Books.  Grammar  Course.  8  Nos. 

Doz 96 

Steele's  Abridged  Physiology 50 

James'  Southern  Selections 1.10 

Page's  Theory  and  Practice  of  Teaching 1.00 

Peterman's  Elements  of  Civil  Government 60 

Webster's  Primary  Dictionary 48 

Webster's  Common  School  Dictionary 72 

Webster's  High  School  Dictionary 98 

Webster's  Academic  Dictionary 1.50 

Webster's  Counting  House  Dictionary 2.40 

A.  WILLIAMS  &  CO. 

North  Carolina  Speaker.     Cloth 50 

"  "  "  Paper ! 40 

"  "  Practical  Spelling  Book 20 

Mrs.  Spencer's  First  Steps  in  N.  C.  History 75 

Moore's  History  of  N.  C 85 

North  Carolina  Writing  Books.     Per  doz 1.00 

Williams'  Reader  for  Beginners 15 

LEACH,  SHEWELL  &  SANBORN. 

Brand's  Good  Health  for  Children 20 

Brand's  Health  Lessons  for  Beginners 28 


51 


EDWARDS  &  BROUGHTON. 

Johnson's  History  of  Negro  Race 


.75 


Uniformity  will  save  much  of  the  time  of  the  teachers  and  will 
enable  them  to  advance  their  pupils  much  more  satisfactorily. 
Our  school  terms  are  very  short,  but  uniformity  of  text-books  will 
help  much  to  make  the  schools  efficient. 

The  publishers  have  arranged  to  put  the  list-books  on  sale  with 
the  University  Publishing  Co.,  66  and  68  Duane  street,  New  York, 
so  that  merchants  can  order  all  from  one  house  with  less  trouble 
than  if  they  were  obliged  to  order  separately  from  each  house  rep- 
resented on  the  list. 

This  arrangement  will  continue  till  June,  1896,  County  Commis- 
sioners at  that  time  will  make  their  own  arrangements. 

A  reasonable  profit  to  merchants  is  provided  for  on  condition 
that  they  buy  for  cash  and  sell  to  the  children  at  the  list  contract 
price  for  cash,  and  the  University  Publishing  Co.  will  furnish 
blanks  for  the  convenience  of  the  merchants  in  making  orders. 
The  boards  of  Commissioners  should  secure  book-dealers  in  the 
different  sections  of  their  counties,  so  that  the  books  may  be 
within  easy  reach  of  the  children. 

It  will  therefore  be  convenient  to  obtain  the  books,  and  a  reason- 
able profit  being  provided,  there  ought  to  be  no  difficulty  in  secur- 
ing merchants  to  keep  them  on  sale. 

PLAX  OF  SCHOOL  HOUSE. 


32' 


I] 


I 


This  diagram  shows  the  plan  and  size  of  a  convenient  school- 


52 

room  for  60  pupils  seated  at  double  desks.     The  school-room  proper 
is  32  feet  by  29  feet. 

A  full-sized  double  desk  occupies  a  floor  space  equal  to  4  feet  in 
front  by  2|  feet  in  rear.  The  side  aisles  are  3i  feet  wide;  inside 
aisles  2  feet ;  rear  aisle  3|  feet. 

Double  desks  should  be  placed  in  every  school-house.  If  the 
money  is  not  in  hand  to  purchase  such  as  are  offered  by  dealers  in 
school  furniture,  very  inexpensive  ones  can  be  made  out  of  boards 
by  any  carpenter.  Every  pupil  should  not  only  have  a  comforta- 
ble seat,  but  every  seat  ought  to  have  attached  to  it  a  writing-desk 
and  a  shelf  for  books. 

The  plan  of  the  house  is  easily  understood,  and  bill  of  lumber 
can  be  made  out  by  any  workman.  It  contemplates  five  (5)  win- 
dows in  main  room  and  two  in  the  vestibule. 

C  represents  location  of  chimney. 

D  represents  location  of  doors. 

T  represents  location  of  teacher. 

V  represents  vestibule,  which  it  is  very  desirable  to  have  as  a 
place  to  deposit  hats,  cloaks,  etc. 

S  represents  spaces  occupied  by  the  double  desks,  4  feet  by  &J 
feet. 

The  height  of  story  should  not  be  less  than  12  feet ;  each  of  the 
windows  in  the  school- room  should  contain  a  glass  surface  of  not 
less  than  6  feet  by  2|  feet,  and  should  be  placed  not  less  than  3i 
feet  from  the  floor. 

A  chimuiey  and  fireplace  are  advised.  The  cost  is  not  much 
more  than  the  cost  of  a  flue  running  through  the  roof,  and  the 
chimney  is  much  safer.  Besides,  the  chimney  is  very  valuable  as 
a  ventilator,  and  it  affords  the  draft  for  stove  connections,  if  heat- 
ing by  stove  is  preferred.  The  chimney  should  be  built  with  a 
separate  flue  for  stove. 

In  case  a  stove  is  used,  it  should  be  surrounded,  or  partly  sur- 
rounded, by  sheet  iron  to  protect  the  pupils  who  sit  near  it  from 
too  great  direct  heat. 

THE  Box  FRAME  is  the  simplest  and  cheapest  style  of  building 
a  house  of  sawed  lumber,  but  it  is  not  so  comfortable  as  the  ordi- 
nary framed  house,  weather-boarded  and  ceiled  or  plastered.  The 
latter  is  specially  recommended,  because  the  ceiling  or  plastering 
furnishes  excellent  surface  for  blackboard.  Perhaps  most  districts 
will  find  ceiling  cheaper. 

The  house  should  be  located  so  that  the  chimney  will  be  at  the 
east  end.  If  it  is  so  located,  there  will  be  three  windows  on  the 
north  and  only  two  on  the  south,  and  all  favorably  placed  for 
pleasant  lighting.  There  are  other  obvious  reasons  for  placing  the 
house  east  and  west. 


53 

At  a  few  dollars  more  expense,  the  vestibule  can  be  cut  into  two 
rooms,  one  of  which  may  be  used  for  male  and  the  other  for  female 
pupils.  It  is  desirable  to  have  at  least  one  private  room.  This 
arrangement  Avill  require  two  entrance  doors  instead  of  one. 

By  a  little  crowding  64  or  68  pupils  can  be  accommodated  in  a 
house  of  this  size.  If  more  room  is  needed,  all  that  is  required  is 
to  extend  the  length  of  the  house.  Every  2|  feet  of  extension  will 
make  room  for  4  desks  and  8  pupils. 

If  it  is  found  desirable  to  have  another  room  to  accomodate 
more  pupils  and  an  assistant  teacher,  it  can  be  conveniently  added 
to  the  east  end  of  the  house,  and  the  same  chimney  can  be  used 
for  stove  connections. 

But  whatever  variations  from  this  plan  may  be  deemed  advisable, 
it  must  ever  be  remembered  that  every  pupil  must  have  a  comfort- 
able seat  and  writing  facilities  connected  therewith.  All  good 
methods  now  recognize  that  little  children  must  use  slates  and 
learn  to  write  while  they  are  learning  to  spell  and  read  in  the 
elementary  books. 


FORM  OF  CONTRACT  WITH  TEACHER. 

This  memorandum  of  ari  agreement,  entered  into  this day  of 

,  18 ,  between , , ,  committe- 

inen  for  District  No , race,  of county,  N.  C.,  and 

a  teacher  holding  a grade  certificate.  Witnesseth  : 

That  the  committee  aforesaid  agree  to  employ as  a 

teacher  of  the  public  school  in district race  of county, 

N.  C.,  and  to  pay  him  at  the  rate  of dollars  per  school  month 

while  he  is  conducting  said  school.  And  the  said 

agrees  faithfully  to  perform  all  the  duties  of  a  public  school  teacher 
in  said  district,  and  to  keep  a  register  according  to  law,  and  return 
it  to  the  school  committee  at  the  close  of  the  term. 

It  is  understood  that  this  contract  is  made  subject  to  the  limita- 
tions and  conditions  of  the  public  school  law.  The  length  of  the 

term  shall  be months,  but  the  school  shall  close  whenever 

the  apportionment  is  exhausted. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their 
hands  the  day  and  date  above  written. 


>  Committee. 


Signed  in  duplicate,  each  ) 
party  keeping  a  copy.     J  ,  Teacher. 


Apportionment  by  State  treasury,  section  2535. 

by  county  treasury,  sections  2551,  2552. 

Auditor  to  keep  separate  account  of  public  school  fund,  section 
2536. 

on    tax    lists    furnished    commissioners   to    make  separate 

columns  for  school  poll  tax  and  school  property  tax  and  for 

white  and  colored  polls,  and  white  and  colored  property, 

section  9,  chapter  199,  Laws  of  1889. 

Blanks  furnished  school  committees  by  Register  of  Deeds,  section 

2570. 
Books  for  public  schools,  by  whom  and  when  adopted,  section  2539, 

and  section  41,  chapter  199,  Laws  of  1889. 
Census  of  school  children,  when  taken,  section  2579. 

of  deaf,  dumb  and  blind  children,    taken  by   school   com- 
mittee, chapter  69,  Laws  of  1893. 

Certificates,  grading  requisite  for  first,  second  and  third  grade, 
section  2566,  and  section  41,  chapter  199,  Laws  of  1889. 

examiner  may  revoke  for  cause,  section  11,  chapter  199,  Laws 
of  1889. 

for  life,  chapter  372,  Laws  of  1893.     See  also  charter  Normal 
School,  Greensboro,  chapter  139,  Laws  of  1891. 

for  three  years,  see  chapter  120,  Private  Laws  of  1893. 
Clerk  of  Courts,  furnish  lists  of  fines,  etc.,  to  County  Commission- 
ers, section  38,  chapter  199,  Laws  of  1889. 
Committees,  school,  how  elected,  and  how  removed,  section  2553. 

sign  orders  in  their  own  handwriting,  section  2553. 

must  sign  all  orders  for  school  money  for  their  districts,  sec- 
tion 2555. 

may  order  additional  studies  taught  in  their  schools,  section 
2566. 

must  take  oath  of  office,  section  2576. 

organize,  when,  section  2577. 

keep  records  of  proceedings,  section  2577. 

school,  body  corporate,  with  powers  to  transact  all  business 
pertaining  to  corporation,  section  2578. 

conveyances  to  shall  be  to  them  and  their  successors  in  office, 
section  2578. 

take  census  of  school  children,  section  2579. 

take  census  of  deaf,  dumb  and  blind  children,  chapter  69, 
Laws  1893. 


56 

Committees,  school,  report  school  property  and  value  thereof,  sec- 
tion 2579. 

employ  and  dismiss  teachers  and  fix  salary  of  same,  section 
2580. 

not  to  make  contract  with  teachers  to  extend  beyond  term 
of  office,  section  2580. 

not  to  contract  for  more  money  than  to  credit  of  district  for 
fiscal  year,  section  2580,  and  section  26,  chapter  174,  Laws 
of  1885. 

sign  teacher's  orders  on  proper  report  being  made,  section 
2581. 

receive  or  purchase  sites  for  school  houses,  sections  2582,  2583. 

have  care  and  custody  of  school  houses,  sites,  books  and 
other  property  belonging  to  the  district,  section  2582. 

sell  sites  deemed  unnecessary  for  public  school  purposes,  con- 
ditions of  sale  of  same,  etc.,  section  2583. 

to  condemn  sites  when  unable  to  purchase,  section  2583. 

proceedings  necessary  to  condemn,  section  2583. 

deliver  deeds  to  commissioners,  section  2584. 

power  to  exclude  immoral  pupils,  section  2588. 

power  to  admit  pay  students  to  public  school,  section  2588. 

to  contract  with  teacher  of  private  school  holding  first  grade 
certificate,  section  2591. 

not  to  give  order  uuless  money  actually  to  credit  of  district, 

section  26,  chapter  174,  Laws  of  1885. 

County    Commissioners,   charged  with  general  management    of 
public  school,  section  2546. 

obey  instructions  of  State  Superintendent,  section  2546. 

decide  all  controversies,  questions,  etc.,  section  2546. 

to  institute  and  prosecute  necessary  actions,  suits  or  proceed- 
ings for  recovery,  etc.,  of  monies  or  property  for  public 
schools,  obey  the  instructions  of  State  Superintendent  and 
accept  his  construction  of  the  school  law,  section  2546. 

meetings,  when  held,  section  2545. 

lay  off  school  districts,  sections  2549,  2550. 

apportion  school  funds,  method  of  apportionment,  sections 
2551,  2552. 

change  districts  proceedings  neccessary  for  same,  section 
28,  chapter  174,  law  of  1885. 

require  school  committees  to  build  comfortable  school 
houses,  section  28,  chapter  174,  laws  of  1885. 

receive  catalogue  of  teachers  from  examiner,  section  2572. 

have  deeds  recorded,  section  2584. 

exclude  immoral  pupils,  section  2588. 

make  estimate  for  four  months  school,  section  2590. 


County  Commissioners,  members,  power  to  administer  oaths  to 

teachers  and  school  officers,  section  2576. 
punish  for  contempt,  section  652  of  The  Code,  which  section 

follows  section  2593  in  the  pamphlet. 

meet  county  treasurer  for  settlement  and  approval  of  report 
to  State  Superintendent  and  direct  same  to  be  forwarded, 
section  19,  chapter  199,  laws  of  1889. 
receive  lists  of  fines,  etc.,   from  clerks  of  courts,  section  38, 

chapter  199,  laws  of  1889. 
chairman  to  countersign  orders  for  teacher's  salary,  sections 

2555,  2571. 
not  to  countersign    teacher's  order    till  teacher  has  made 

proper  report  as  required  by  law,   section  2571. 
must  qualify  teacher  to  said  report,  section  2571. 
allow  pay  to  Register  of  Deeds  for  clerical  work  in  school 

matters,  section  2575. 

Day  for  official  duty,  falling  on  Sunday  duty  performed  on  follow- 
ing day,  section  20,  chapter  199,  laws  of  1889. 
Days,  twenty  school  days  a  month,  section  2580. 
Deeds,  blank  furnished  by  County  Treasurer  to  school  commit- 
tees, section  2557. 

what  kind  necessary  for  school  sites,  section  2557. 
to  be  delivered  to  commissioners  and  recorded,  section  2584. 
Districts,  for  schools,  how  laid  off,  sections  2549,  2550. 

how  changed,  section  28,  chapter  174,  laws  of  1885. 
Examinations,  how  conducted  and  branches  of  study  on  which 
to  be  held,  section  2566,  arid  section  41,  chapter  199,  laws  of 
1889. 

when  held,  section  2548. 
Examiner,  by  whom  and  when  appointed,  section  2548. 

to  examine  teachers,  sections  2548,  2566,  and  section  41,  chap- 
ter 199,  laws  of  1889. 
Examination,  to  be  public,  section  2566. 

paid  by  fees  from  applicants,  section  2548. 
deliver  catalogue  of  teacher  to  commissioner,  section  2572. 
revoke  certificates,  section  11,  chapter  199,  laws  of  1889. 
Fines,  with  penalties  and  forfeitures,   belong  to  county  school 

fund,  section  2544. 
list  furnished  by  court  clerks  to  Board  of  Commissioners, 

section  38,  chapter  199,  laws  of  1889. 
Oaths,  by  whom  administered,  section  2576. 
Orders,  on  County  Treasurer,  how  issued,  section  2555. 

for  maps,  charts,  etc.,  not  valid  unless  approved  by  County 

Commissioners,  section  2555. 
when  not  to  be  issued,  section  26,  chapter  174,   laws  of  1885. 


Register  of  Deeds,  clerk  for,  educational  work,  Board  of  Commis- 
sioners, must  record  proceedings  thereof,  section  2548. 
to  distribute  blanks  to  school  committees,  section  2570. 
report  school  statistics  to  State  Superintendent,  section  2573. 
record  his  report  to  State  Superintendent,  section  2574. 
pay  for  clerical  work  in  school  matters,   section  2575. 
receive  census  report  from  school  committees,   section  2579. 
receive  report  from  teachers  public  schools,  section  2586. 
furnish    county    commissioners  with  abstracts  of  tax  lists, 

section  21,  chapter  199,  laws  of  1889. 
Right,  of  child  to  attend  white  school  or  colored  school,  how  fixed, 

section  42,  chapter  199,  laws  of  1889. 

Secretary  of  State,  to  furnish  laws  to.  County  Commissioners,  sec- 
tion 27,  chapter  174,  laws  of  1885. 
Sheriffs,  pay  school  funds  to  County  Treasurers  in  money  only, 

section  2563. 

Sheriffs,   to  take    duplicate    receipts    from    County    Treasurers 
for  school  funds,   send    one  receipt    to    State    Auditor, 
one  to  Chairman  Board  Commissioners,  section  2564. 
Sheriff,  in  paying  school  money  to  County  Treasurer  to  itemize  as 
required  by  section  2560  of  school  law,   section  8,  chapter 
199,  laws  of  1889. 
School  fund,  what  paid  to  State  Treasurer,  section  2543. 

what  paid  to  County  Treasurer,  section  2544. 
School  fund  of  county,  sources  from  which  derived,  section  2544. 
School,  public,  defined,  section  2588. 
who  may  attend,  section  2588. 

private,  contract  with  teacher  of  by  public  school  commit- 
tee, section  2591. 

to  disturb  meeting  for,  to  injure  house,  a  misdemeanor,   sec- 
tion 2592. 
year,  when  to  begin,  section  2587,  and  section  1,  chapter  199, 

laws  of  1889. 

month,  twenty  days,  section  2580. 

session  at  same  time,  section  24,  chapter  199,  laws  of  1889. 
no  public,  to  be  in  session  at  close  of  school  year,   section 

24,  chapter  199,  law  of  1889. 
sites,  how  acquired,  sections  2582,  2583. 
houses,  plans  for  to  be  furnished  by  commissioners  to  school 

committees,  section  28,  chapter  174,  laws  of  1885. 
Solicitors  of  the  several  judicial  districts,  criminal  and  inferior 

courts,  to  prosecute  for  penalties,  etc.,  section  2544. 
State  Superintendent  of  Public  Instruction,  duties,  sections  2540, 

2541,  2542. 
to  furnish  blanks  to  county  school  officers,  section  2570. 


59 

State  Superintendent  of  Public  instruction,  clerk  to,  section  2593. 
Studies,  to  be  taught  in  public  school,  section  2566,  and  chapter  169, 
Laws  1891. 

school   committee:*  may  arrange* for  additional,  section  2566. 
Tax,  school,  levied  by  general  assembly,  section  2589. 

levied  by  county  commissioners,  section  2590. 

special,  for  schools  election  to  be  ordered  by  county  commis- 
sioners in  certain  counties,  sections  2654,  2655. 

Tax  list,  separate  for  school,  poll  and  school  property  tax  to  be 
made  by  State  Auditor,  section  9.  chapter  199,  Laws  of  1889. 
Teacher's  certificates,  standard  for  first  grade,  second  grade  and 
third  grade,  section  2566. 

salary,  section  2580. 

salary,  maximum-  for  first  grade  fixed  by  commissioners,  sec- 
tion 2580. 

employment  of  by  school  committees,  section  2580. 

to  render  statement  number  pupils,  etc.,  section  2581. 

may  dismiss  pupils,  for  what  cause;  may  punish  pupils,  sec- 
tion 2585  and  note  thereunder. 

to  keep  record  of  school  and  report,  section  2586. 

of  any  school  supported  by  public  funds  to  report  to  State 
Superintenden  when  required,  section  24,  chapter  174, 
Laws  of  1885. 

how  to  qualify  to  orders  for  salary,  section  12,  chapter  199, 
Laws  of  1889. 

maximum  salary  for  different  grades,  section  2580. 

not  to  be  employed  without  certificate,  section  2580. 
Teacher,  to  be  examined  on  "Theory  and  Practice,"  section  41, 

chapter  199,  Laws  of  1889. 

Text-books,  County  Commissioners  to  adopt  for  public  schools, 
section  2539. 

on  theory  and  practice  adopted  by  State  Superintendent, 
section  41,  chapter  199,  Laws  of  1889. 

for  public  schools,  list  of,  see  Appendix. 

Treasurer  of  county,  to  be  treasurer  of  the  school  funds  of  the 
county,  section  2554. 

bond,  to. whom  given,  how  executed,  section  2554. 

bond  may,  when  necessary,  be  required  to  be  strengthened 
by  County  Commissioners,  said  commissioners  guilty  of 
misdemeanor  for  failing  to  so  strengthen,  section  2554;  sec- 
tion 4,  chapter  199,  Laws  of  1885. 

compensation  of,  section  25,  chapter  174,  Laws  of  1889. 

to  pay  school  orders  only  when  countersigned  by  Chairman 
Board  of  Commissioners,  section  2555. 


60 

Treasurer  of  county,  when  to  pay  orders  for  building  or  repair- 
ing school  houses,  section  2555. 

to  keep  books,  section  2556;  section  5,  chapter  199,  Laws  of 
1889. 

to  balance  his  accounts,  when,  section  5,  chapter  199,  Laws 
of  1889. 

furnish  blank  deeds  to  school  committees,  section  2557. 

produce  books  and  voucher  for  examination,  when,  section 
2559. 

exhibit  all  school  funds  to  commissioners  at  regular  settle- 
ment, section  2559. 

report  to  State  Superintendent,  what  report  to  contain,  sec- 
tion 2560: 

to  keep  book,  receive  money  only,  book,  how  to  be  kept,  sec- 
tion 2561. 

penalty  for  failing  to  report  to  State  Superintendent,  section 

2562. 

Treasurer,  to  attend  at  office  of  commissioners  for  paying  school 
orders,  section  25,  chapter  174,  laws  of  1885. 

to    meet    Board  Commissioners  for  settlement  and  report, 
section  19,  chapter  199,  laws  of  1889. 

term  of  office  expiring,  must  turn  overbooks,  report,  etc., 
section  26,  chapter  199,  laws  of  1889. 

to  deposit  books  on  expiration  of  term  of  office,   section  27, 
chapter  199,  laws  of  1889. 

of    State    to    pay    warrants  for  school    funds    to    county 

treasurers,  section  2538. 
Warrants,  for  apportionment  of  school  fund  from   State  Treasury, 

how  issued,  section  2537. 

MISCELLANEOUS. 

Notice  of  contagious  diseases  to  be  given  to  school  committees, 
teachers,  public  and  private,  and  to  school  officers  by  county, 
city  and  town  health  officers,  sections  12, 13,  chapter  214, 
laws  of  1893,  printed  in  this  pamphlet. 

Nature  and  effects  of  alcoholic  drink  and  narcotics  on  the  human 
system  to  be  taught  in  all  public  schools,  teachers  to  be 
examined  on  the  same,  chapter  169,  laws  of  1891. 
County  Commissioners  will  adopt  text-books  on  the  above  subjects 
when  other  books  are  adopted. 

APPENDIX. 

List  of  text-books. 

Form  of  teacher's  contract. 

Plan  of  school  house. 


